Mallikarjuna vs Sheik Mastana
2024 Latest Caselaw 642 Kant

Karnataka High Court

Mallikarjuna vs Sheik Mastana on 8 January, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                         -1-
                                                    NC: 2024:KHC:868-DB
                                               MFA No. 1241 of 2016




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 8TH DAY OF JANUARY, 2024
                                   PRESENT

              THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

                                      AND

              THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

              MISCELLANEOUS FIRST APPEAL NO. 1241 OF 2016 (MV-I)

             BETWEEN:

             MALLIKARJUNA
             S/O. PARAMESHWAARAIAH,
             AGED ABOUT 42 YEARS,
             R/O. OLD HIRIYUR,
             BHADRAVATHI,
             SHIVAMOGGA DIST -577 301.

                                                    ...APPELLANT
             (BY SRI. MANJUNATHA PATTANASHETTY., ADVOCATE)
             AND:

             1.   SHEIK MASTANA,
Digitally
signed by
                  S/O. SHEIK KHALANDHAR,
SHAKAMBARI        AGED ABOUT 37 YEARS,
Location:
HIGH COURT
OF
                  R/O. BOMMANAKATTE,
KARNATAKA         BHADRAVATHI,
                  SHIVAMOGGA 577 301.
                  DRIVER OF TATA SUMO,
                  BEARING NO. KA1M 4478.

             2.   FAYAZ
                  S/O. SYED SULTANA,
                  AGED ABOUT 37 YEARS,
                  R/O. KHAZI MOHALLA,
                  II CROSS, OLD TOWN BHADRAVATHI,
                  SHIVAMOGGA DISTRICT -577 301.
                                -2-
                                        NC: 2024:KHC:868-DB
                                       MFA No. 1241 of 2016




     OWNER OF TATA SUMO,
     BEARING NO. KA14 M 4478.

3.   THE ORIENTAL INSURANCE CO.,
     REPRESENTED BY ITS MANAGER,
     VINAYAKA COMPLEX,
     P.B. NO. 107, GARDEN AREA,
     I CROSS, SHIVAMOGGA.

4.   MOHAMMED HUSSAIN
     S/O. NOT KNOWN,
     R/O. NEAR MINERVA SCHOOL,
     ANNA NAGAR, 4TH CROSS,
     SHIVAMOGGA -57,
     OWERN OF TATA SUMO,
     KA 14 M 4478.

                                         ...RESPONDENTS
(BY SRI.H.C. VRUSHABHENDRAIAH., ADVOCATE FOR R3
V/O/DATED: 08/01/2024 APPEAL AGAINST R1, R2,        R4   IS
DISMISSED)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1)
OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.
30.09.2013 PASSED IN MVC NO.275/2007 ON THE FILE OF THE C/c
PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL AND
MACT-11 AT BHADRAVATHI, ALLOWING THE CLAIM PETITION FOR
COMPENSATION       AND    SEEKING     ENHANCEMENT       OF
COMPENSATION.

     THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., MADE
THE FOLLOWING:
                            ORDER

Called again in the afternoon.

2. None appeared in the matter either physically or

through video conference.

NC: 2024:KHC:868-DB

3. A perusal of the order sheet would go to show that,

the peremptory order was passed on 02.01.2023 with respect

to unserved respondents. By virtue of the same, as ordered

on 19.01.2023, the appeal against respondent Nos. 1, 2 and 4

stood dismissed. Thereafter, the matter was posted to hear

on the effect of dismissal of the appeal against respondent

Nos. 1, 2 and 4. However, learned counsel for the appellant

has remained absent.

4. This appeal is of the year 2016. This appeal has, in

fact, arisen from Motor Vehicle case of the year 2007 and

even after 16 years, the matter has not reached finality and

the appellant is not evincing interest.

5. As such, the appeal stands dismissed for non-

prosecution.

6. At this stage, learned counsel for respondent No.3 is

physically present.

Sd/-

JUDGE

Sd/-

JUDGE Sk/-