Smt. Vinod S. Patil vs Sri. Manjunath Singh
2024 Latest Caselaw 6382 Kant

Karnataka High Court

Smt. Vinod S. Patil vs Sri. Manjunath Singh on 4 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                  -1-
                                                                 NC: 2024:KHC:8840
                                                             MFA No. 3052 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 4TH DAY OF MARCH, 2024

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.3052 OF 2015(MV-I)
                      BETWEEN:

                      SMT. VINOD.S.PATIL
                      W/O PATIL.C.S.
                      AGED ABOUT 56 YEARS,
                      HOUSEHOLD AND BUSINESS,
                      R/O NEHRU NAGAR, 3RD CROSS,
                      HOLALKERE ROAD,
                      CHITRADURGA CITY,
                      CHITRADURGA.
                                                                      ...APPELLANT
                      (BY SRI. KIRAN KUMAR.H., ADVOCATE [ABSENT])

                      AND:

                      1.    SRI. MANJUNATH SINGH
                            S/O GOPAL SINGH,
                            OWNER OF THE AUTO RICKSHAW
Digitally signed by         BEARING REG NO.KA-16/A-1908,
THEJASKUMAR N               R/O 4TH CROSS, JOGIMATTI ROAD,
Location: HIGH              CHITRADURGA CITY,
COURT OF
KARNATAKA                   CHITRADURGA.

                      2.    THE BRANCH MANAGER,
                            FUTURE GENERAL INSURANCE CO.LTD.,
                            2ND FLOOR, KALBURGI LAND MARK,
                            OPPOSITE TO T.B.GIRLS HIGH SCHOOL,
                            DESHPANDE NAGAR,
                            HUBLI-580 029.
                                                                  ...RESPONDENTS
                      (BY SRI. H.S.LINGARAJU., ADVOCATE FOR R2)
                                     -2-
                                                  NC: 2024:KHC:8840
                                             MFA No. 3052 of 2015




     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 16.10.2014
PASSED IN MVC NO.125/2013 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V,
CHITRADURGA.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:


                               ORDER

When the matter is called there is no representation on

behalf of appellant, either personally or through video

conferencing.

The captioned appeal was listed on 18.11.2023, on that

day, taking note of the submission that needful has been done,

this Court directed the office to verify and issue notice to

respondent No.1.

The appeal is listed today. A perusal of the office note

depicts that the process fee is not paid to enable the office to

issue notice to respondent No.1. It's been almost four months,

the appellant has not made any efforts to pay the process fee

to issue notice to respondent No.1.

NC: 2024:KHC:8840

As already noted above, when the matter is called there

is no representation on behalf of appellant, either personally or

through video conferencing. It appears that the appellant is not

interested in prosecuting the appeal. Hence, the Miscellaneous

First Appeal is dismissed for non-prosecution and also for non-

compliance of office objection.

Sd/-

JUDGE MRP