Bharat Shekharappa vs Shakuntala W/O Shivaram
2024 Latest Caselaw 19453 Kant

Karnataka High Court

Bharat Shekharappa vs Shakuntala W/O Shivaram on 2 August, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                              -1-
                                                       NC: 2024:KHC-D:10971
                                                      MFA No. 22181 of 2012




                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                        DATED THIS THE 2ND DAY OF AUGUST, 2024

                                        BEFORE

              THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

              MISCELLANEOUS FIRST APPEAL NO. 22181 OF 2012 (MV-I)

             BETWEEN:

             SHRI. BHARAT SHEKHARAPPA
             AGE: 21 YEARS, OCC: STUDENT,
             R/O: BELLARY BOOK DEPOT,
             GANGAVATHI, DIST: KOPPAL.
                                                                ...APPELLANT
             (BY SRI. S. P PATIL, ADVOCATE)

             AND:

             1.    SMT. SHAKUNTALA W/O SHIVARAM,
                   AGE: 32 YEARS, OCC: AGRICULTURE,
                   R/O: GUNDUR - 584 130
                   TALUKA GANGAVATHI, DIST: KOPPAL.

             2.    SHRI. MALLIKARJUN S/O. MALLAPPA
                   AGE: 35 YEARS, OCC: BUSINESS,
                   R/O: BELLARY DECORATORS NO. 10,
                   MUDDAPUR ROAD, KAMPLI,
YASHAVANT
NARAYANKAR         TQ: HOSPET, DIST: BELLARY.
                                                             ...RESPONDENTS

Location:    (R1 & R2 ARE SERVED BUT UNREPRESENTED)
HIGH
COURT OF
KARNATAKA
                     THIS MFA FILED U/SEC.173(1) OF MV ACT, 1988, PRAYING
             TO:


             A) SET ASIDE THE JUDGMENT AND AWARD DATED 04-01-2012
                   PASSED BY THE SENIOR CIVIL JUDGE & MACT GANGAVATI IN
                   MVC 232/2010;
                                  -2-
                                             NC: 2024:KHC-D:10971
                                           MFA No. 22181 of 2012




B) ALLOW THE APPEAL WITH COSTS THROUGHOUT BY DISMISSING
   THE CLAIM PETITION FILED BY THE CLAIMANT - RESPONDENT
   NO.1 IN MVC 232/2010 ON THE FILE OF THE SENIOR CIVIL
   JUDGE & MACT GANGAVATI;


C) IN THE ALTERNATIVE IF THE HON'BLE COURT WERE TO HOLD
   THAT THE CLAIMANT IS ENTITLED FOR COMPENSATION, THE
   LIABILITY MAY BE FASTENED ON RESPONDENT NO.2


      THIS APPEAL COMING ON FOR HEARING THIS DAY, THE

COURT DELIVERED THE FOLLOWING:


CORAM:     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

Learned counsel for the appellant absent. Learned

counsel for the appellant was also absent on 20.04.2024. It

appears that the appellant is not interested in prosecuting the

appeal. Hence, the appeal is dismissed for non-prosecution.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

PJ