Ameensab vs Krishnabai And Ors
2024 Latest Caselaw 336 Kant

Karnataka High Court

Ameensab vs Krishnabai And Ors on 4 January, 2024

                                       -1-
                                              NC: 2024:KHC-K:137
                                              MFA No. 200048 of 2018




                        IN THE HIGH COURT OF KARNATAKA
                              KALABURAGI BENCH
                    DATED THIS THE 4TH DAY OF JANUARY, 2024
                                     BEFORE
                  THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
                  MISCL. FIRST APPEAL NO.200048 OF 2018 (MV-D)
             BETWEEN:

             AMEENSAB S/O YOUSUFSAB CHOUDHARI,
             AGE: 32 YEARS, OCC: OWNER OF AUTO
             NO.KA-32/5452,
             R/O. VILLAGE CHOWDAPUR,
             TQ. AFZALPUR, DIST. KALABURAGI-585103.
                                                        ...APPELLANT
             (BY SRI. GOPALKRISHNA B. YADAV, ADVOCATE- ABSENT)

             AND:

             1.      KRISHNABAI W/O KAMALAKAR KULKARNI,
                     AGE: 60 YEARS, OCC: HOUSEHOLD,
                 2. KAMAL S/O LATE AWADHOOT KULKARNI
                     AGE: 20 YEARS, OCC: STUDENT,
                 3. PRASANNA S/O LATE AWADHOOT KULKARNI
Digitally signed     AGE: 15 YEARS, MINOR
by                   RESPONDENT NO.3 IS MINOR
KHAJAAMEEN L         U/G OF HIS GRANDMOTHER SMT.KRISHNABAI
MALAGHAN
Location: High       I.E.RESPONDENT NO.1
Court of             ALL R/O.H.NO.10-12,
Karnataka            BEHIND N.V.HIGH SCHOOL, BRAHMPUR,
                     KALABURAGI-585103.
                 4. ANAND @ ANAND KUMAR
                     S/O CHANDU RATHOD,
                     AGE: 38 YEARS, OCC: DRIVER,
                     R/O. VILLAGE MADBOL THANDA,
                     TQ.AFZALPUR, DIST.KALABURAGI.
                                                        ...RESPONDENTS
                 (R1, R2 AND R4 ARE SERVED;
                 R3 IS MINOR R/BY-R1)
                                        -2-
                                                   NC: 2024:KHC-K:137
                                                   MFA No. 200048 of 2018




         THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
29.03.2016 IN MVC NO.1034/2012 ON THE FILE OF THE IST
ADDL. SENIOR CIVIL JUDGE AND MACT KALABURAGI AND
DISMISS THE CLAIM PETITION AND IN THE ALTERNATIVE THE
CLAIM PETITION BE REMANDED BACK FOR FRESH TRIAL BY
PROVIDING OPPORTUNITY TO THE PARTIES BY IMPLEADING
SATALINGAPPA             S/O    PANDIT   GULAGUNDA,        R/O    DUDHANI
(MAGARASGTRA).
         THIS APPEAL COMING ON FOR DISMISSAL                     THIS DAY,
THE COURT MADE THE FOLLOWING:

                                     ORDER

On 02.01.2024 as there is no representation for the

learned counsel for both the parties, the matter was

directed to be listed for dismissal of the appeal on today.

Today also there is no representation on behalf of both the

parties. It appears that both the parties are not interested

to pursue the matter.

Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

Judge KJJ

CT:VD