Shri Mahesh S/O Balappa Jagginavar vs Shri Kallappa S/O Ramappa Bishirotti
2024 Latest Caselaw 15195 Kant

Karnataka High Court

Shri Mahesh S/O Balappa Jagginavar vs Shri Kallappa S/O Ramappa Bishirotti on 1 July, 2024

                                               -1-
                                                      NC: 2024:KHC-D:8923
                                                       MFA No. 105405 of 2023




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 1ST DAY OF JULY, 2024

                                             BEFORE
                           THE HON'BLE MR JUSTICE VENKATESH NAIK T
                    MISCELLANEOUS FIRST APPEAL NO. 105405 OF 2023 (MV-I)

                   BETWEEN:

                   1.   SHRI. MAHESH S/O. BALAPPA JAGGINAVAR,
                        AGE. 35 YEARS, OCC. AGRICULTURE,
                        R/O.KHANDRATTI, TQ. GOKAK,
                        DIST. BELAGAVI.

                   2.   SHRI. BALAPPA S/O. BASAPPA JAGGINAVAR,
                        AGE. 61 YEARS, OCC. AGRICULTURE,
                        R/O.KHANDRATTI, TQ. GOKAK,
                        DIST. BELAGAVI.

                                                                 ...APPELLANTS
                   (BY SRI. SABEEL AHMAD, ADV. FOR
                       SRI. A. S. PATIL, ADVOCATE)

                   AND:

                   SHRI. KALLAPPA S/O. RAMAPPA BISHIROTTI,
                   AGE. 40 YEARS, OCC. AGRICULTURE,
Digitally signed
                   R/O. BETAGERI, TQ. GOKAK,
by MANJANNA E      DIST. BELAGAVI,
Location: HIGH     NOW AT MALLIKERI, SAVADATTI TALUK,
COURT OF
KARNATAKA          BELAGAVI DISTRICT-590001.

                                                                 ...RESPONDENT

                         THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
                   VEHICLE ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND
                   AWARD DATED 05.08.2023 PASSED IN MVC NO.214/2023 BY THE
                   HON'BLE XII ADDL. DISTRICT JUDGE AND MACT BELAGAVI SITTING
                   AT GOKAK BY DISMISSING THE CLAIM PETITION IN ITS ENTIRETY,
                   IN THE INTEREST OF JUSTICE AND EQUITY.

                        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                    -2-
                                          NC: 2024:KHC-D:8923
                                            MFA No. 105405 of 2023




                             JUDGMENT

Learned counsel for the appellants has filed a memo

seeking permission of this Court to withdraw the appeal.

The contents of the memo is as under:

"MEMO FOR WITHDRAWAL

The counsel appearing for the appellants in the top noted appeal humbly submits that the parties to the present appeal have amicably settled the matter and as such in view of the same the appellants intend to withdraw the above appeal.

Hence the appellants humbly prays this Hon'ble Court to permit them to withdraw the appeal as not pressed by further directing the registry of this Hon'ble Court to kindly refund the statutory deposits of Rs.25,000 made by the appellants.

Hence the said memo for withdrawal and same may be kindly be taken on record to meet the ends of justice."

In view of the above said memo and submission

made by the learned counsel for the appellants, the appeal

is dismissed as withdrawn.

NC: 2024:KHC-D:8923

Amount in deposit be disburse in favour of appellants

on proper identification.

In view of disposal of main petition, pending I.As., if

any, also shall stand disposed of.

Sd/-

JUDGE

AC/ct-an