Shaik Yousuff vs Nanjappa
2024 Latest Caselaw 6385 Kant

Karnataka High Court

Shaik Yousuff vs Nanjappa on 4 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                  -1-
                                                             NC: 2024:KHC:9020
                                                          MFA No. 3688 of 2016




                        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.3688 OF 2016(MV-I)

                      BETWEEN:

                      SHAIK YOUSUFF
                      S/O SHAIK AHMED SAB,
                      AGED ABOUT 61 YEARS,
                      R/AT NO.90, MARUTHINAGAR,
                      YELAHANKA, BANGALORE-64.
                                                                ...APPELLANT
                      (BY SRI. SHARANAPPA.M.BANAKANERI., ADVOCATE FOR
                          SRI. RAVI PRAKAS.V., ADVOCATE)

                      AND:

                      NANJAPPA
                      S/O PAPANNA
                      AGED ABOUT 64 YEARS
                      R/AT RASTHEPALYA VILLAGE,
Digitally signed by   THIPPASANDRA HOBLI
THEJASKUMAR N
                      MAGADI TALUK
Location: HIGH
COURT OF              RAMANAGARA DISTRICT-562159
KARNATAKA
                      NOW AT KRS AGRAHARA
                      ANDANYYA EXTENSION
                      KUNIGAL TOWN,
                      TUMKUR DISTRICT-572130

                                                                ...RESPONDENT
                      (BY SRI. KAUSTHUB., ADVOCATE FOR
                          SRI. V.S.NARAYANA., ADVOCATE)

                             THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
                                  -2-
                                                 NC: 2024:KHC:9020
                                             MFA No. 3688 of 2016




AGAINST THE JUDGMENT AND AWARD DATED: 22.02.2016
PASSED IN MVC NO.695/12 ON THE FILE OF THE SENIOR CIVIL
JUDGE & MACT-15, KUNIGAL.

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

                              ORDER

Sri.Sharanappa.M., learned counsel on behalf of Sri.Ravi

Prakash.V., for the appellant and Sri.Kausthub., learned

counsel for the respondent have appeared in person.

Counsel Sri.Kausthub., submits that a memo has been

furnishing the copy of the death certificate stating that the sole

respondent - Nanjappa has died on 15.03.2018. Counsel

therefore, submits that the memo along with death certificate

may be placed on record and appropriate order may be passed.

Submission is noted. Memo along with death certificate is

placed on record.

A perusal of the death certificate depicts that the sole

respondent - Nanjappa has died n 15.03.2018. The applications

to bring the legal representatives of the deceased sole

NC: 2024:KHC:9020

respondent on record are not filed well within the time. Hence,

the Miscellaneous First Appeal stands abated.

Sd/-

JUDGE MRP