Dilyappa vs Durugappa
2024 Latest Caselaw 16014 Kant

Karnataka High Court

Dilyappa vs Durugappa on 5 July, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                              -1-
                                                         NC: 2024:KHC:25535
                                                       MFA No. 6542 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF JULY, 2024

                                         BEFORE
                          THE HON'BLE MR JUSTICE K.NATARAJAN
                MISCELLANEOUS FIRST APPEAL NO.6542 OF 2021(MV-D)
                BETWEEN:

                1.    DILYAPPA
                      S/O RAMAPPA KOPPADA
                      AGED ABOUT 72 YEARS,
                      AGRICULTURISTS AND OWNER OF
                      TRACTOR NO. KA-16-T-1972
                      RESIDENT OF YALE HOLE VILLAGE,
                      MALEBENNUR HOBLI,
                      HARIHARA TALUK 577 530.

                2.    K. REVANASIDAPPA,
                      S/O K. CHANDRAPPA,
                      AGED ABOUT 57 YEARS,
                      AGRICULTURIST AND OWNER OF THE TRAILER
                      BEARING REG. NO. CNU-8546,
Digitally
signed by             R/AT GANGANARASI VILLAGE,
YAMUNA K L            HARIHARA TALUK 577 601
Location:                                                  ...APPELLANTS
High Court of
Karnataka       (BY SRI. SATISHCHANDRA R., ADVOCATE)

                AND:

                      DURUGAPPA
                      S/O NAGAPPA,
                      AGED ABOUT 67 YEARS,
                      RETIRED EMPLOYEE OF
                      SRI. LAKSHMI FOUNDRY,
                             -2-
                                         NC: 2024:KHC:25535
                                      MFA No. 6542 of 2021




    RESIDENT OF GUTTUR COLONY,
    HARIHARA 577 602
                                              ...RESPONDENT



     THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT     AND    AWARD     DATED.25.02.2021     IN   MVC
NO.251/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, HARIHARA,        AWARDING COMPENSATION
OF RS.80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALIZATION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellants has filed a memo

for withdrawn of the appeal as the matter is compromised

between the parties in Execution Petition No.19/2022, on

the file of Senior Civil Judge and JMFC at Harihara.

2. Aforesaid memo and submission is placed on

record.

3. Appeal is dismissed as withdrawn.

NC: 2024:KHC:25535

4. However, statutory deposit made by the

appellants is ordered to be refund to the appellants.

Sd/-

JUDGE

ASN

CT:SNN