Smt. H.M. Suma vs Sri. R. Swamy
2024 Latest Caselaw 9840 Kant

Karnataka High Court

Smt. H.M. Suma vs Sri. R. Swamy on 4 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                   -1-
                                                                NC: 2024:KHC:13858
                                                              MFA No. 3693 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 4TH DAY OF APRIL, 2024

                                                 BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.3693 OF 2015(MV-I)
                      BETWEEN:

                      SMT. H.M.SUMA
                      W/O BASAVARAJ,
                      AGED ABOUT 32 YEARS,
                      R/AT NO.17, 1ST FLOOR,
                      GEDDALAHALLI, SUPER MARKET ROAD,
                      RMV 2ND STAGE, SANJAY NAGAR POST,
                      BANGALORE-560 094.
                                                                      ...APPELLANT
                      (BY SRI. NAGARAJ.K.HEGDE., ADVOCATE FOR
                          SRI. DAYANAND.S.PATIL., ADVOCATE)

                      AND:

                      1.    SRI. R.SWAMY
                            S/O RAJEGOWDA,
                            AGED ABOUT 30 YEARS,
Digitally signed by
                            R/O NO.16, 1ST MAIN, 4TH CROSS,
THEJASKUMAR N               VEERAPPA BUILDING,
Location: HIGH              NEAR VANI TAILOR SHOP,
COURT OF
KARNATAKA                   GURAGUNTEPALYA
                            BANGALORE-560 022.

                      2.    M/S. ICICI LOMBARD GENERAL
                            INSURANCE CO. LTD.,
                            NO.414, VEER SAVARKAR MARG,
                            NEAR SIDDHI VINAYAK TEMPLE,
                            PRABHADEVI, MUMBAI-400 025.
                                                                   ...RESPONDENTS
                      (NOTICE TO R1-HELD SUFFICIENT V/O DATED:17.03.2021;
                        BY SRI. B.PRADEEP., ADVOCATE FOR R2)
                                 -2-
                                              NC: 2024:KHC:13858
                                         MFA No. 3693 of 2015




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:27.11.2014
PASSED IN MVC NO.3554/2013 ON THE FILE OF THE MEMBER,
PRINCIPAL MACT AT BANGALORE.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION,     THIS    DAY,     THE   COURT    DELIVERED    THE
FOLLOWING:
                           JUDGMENT

Sri.Nagaraj K.Hegde., learned counsel on behalf of

Sri.Dayanand S.Patil., for the appellant has appeared in person.

Counsel submits that a memo has been filed stating that

the appellant may be permitted to withdraw the appeal.

Counsel therefore, submits that the memo may be placed on

record and the appeal may be dismissed as withdrawn.

When queried by the Court, counsel Sri.Nagaraj.K.,

submits that the appellant has taken a conscious decision to

withdraw the appeal and if an order is passed, she shall not

seek for recalling the order.

The oral submission made by learned counsel for the

appellant and the memo is placed on record.

NC: 2024:KHC:13858

The Miscellaneous First Appeal is dismissed as

withdrawn.

In view of withdrawal of appeal, the Registry concerned is

directed to refund the statutory amount to the appellant after

due identification.

Sd/-

JUDGE TKN