Chikkalingegowda vs Thimmaiah
2024 Latest Caselaw 9600 Kant

Karnataka High Court

Chikkalingegowda vs Thimmaiah on 2 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                   -1-
                                                               NC: 2024:KHC:13347
                                                          MFA No. 7213 of 2013




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 2ND DAY OF APRIL, 2024

                                                BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.7213 OF 2013(MV-D)
                      BETWEEN:


                      1.    CHIKKALINGEGOWDA
                            S/O SIDDEGOWDA,
                            AGED ABOUT 44 YEARS,

                      2.    SUMITHA.M.C.
                            D/O CHIKKALINGEGOWDA,
                            AGED ABOUT 21 YEARS,

                      3.    JYOTHI.M.C
                            D/O CHIKKALINGEGOWDA,
                            AGED 13 YEARS,
                            REPRESENTED BY NATURAL
                            GUARDIAN, FATHER, APPELLANT NO.1

                          ALL ARE RESIDENT OF MACHAGOUDANA HALLI,
                          BASARALU HOBLI,
Digitally signed by
THEJASKUMAR N             MANDYA TALUK & DISTRICT-571 401.
Location: HIGH                                                 ...APPELLANTS
COURT OF              (APPELLANTS NO.1 TO 3-CALLED OUT-ABSENT)
KARNATAKA



                      AND:
                      1.    THIMMAIAH
                            S/O DASAIAHNA KIVUDAIAH,
                            MAJOR,
                            SINCE DEAD BY LR'S

                      (a) ANAIAH
                          S/O LATE THIMMAIAH,
                          MAJOR,
                               -2-
                                            NC: 2024:KHC:13347
                                          MFA No. 7213 of 2013




(b) ASHOK
    S/O LATE THIMMAIAH,
    MAJOR,

(c)   RAJA
      S/O LATE THIMMAIAH,
      MAJOR,

      ALL ARE R/O HALEHALLI,
      KOPPA HOBLI, MADDUR TALUK,
      MANDYA DISTRICT-571 401.

2.    THE MANAGER,
      NATIONAL INSURANCE CO. LTD.,
      P.B.NO.54, V.V.ROAD,
      MANDYA CITY-571 401.
                                               ...RESPONDENTS
(R1(a) TO (c)-SERVED AND UNREPRESENTED;
  BY SRI. A.N.KRISHNASWAMY., ADVOCATE FOR R2)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:25.04.2013
PASSED IN MVC NO.111/2005 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE (SENIOR DIVISION) AND CJM, MANDYA.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL    HEARING,   THIS    DAY,    THE    COURT   MADE    THE
FOLLOWING:
                            ORDER

The name of the appellants are called out thrice in the

open Court. There is no representation on behalf of the

appellants either personally or through video conferencing. The

appellants are absent.

NC: 2024:KHC:13347

As could be seen from the daily order sheet, the appeal

was listed on 28.03.2024, on that day, counsel Sri.Vinay

D.Hosmath., was permitted to retire from the case and the

appeal was ordered to be listed on 02.04.2024 by printing the

name of appellants in the cause list.

The appeal is listed today by printing the name of

appellants in the case list. The appellants have not made any

efforts to engage the services of other advocate or conducted

the case as party in person.

As already noted above, the name of the appellants are

called out thrice in the open Court. There is no representation

on behalf of the appellants either personally or through video

conferencing. The appellants are absent. It appears that the

appellants are not interested in prosecuting the appeal. Hence,

the Miscellaneous First Appeal is dismissed for non-

prosecution.

Sd/-

JUDGE MRP