Ajjappa vs Suresh B C
2024 Latest Caselaw 6525 Kant

Karnataka High Court

Ajjappa vs Suresh B C on 5 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                 -1-
                                                                NC: 2024:KHC:9231
                                                          MFA No. 2312 of 2012




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 5TH DAY OF MARCH, 2024

                                               BEFORE

                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI

                      MISCELLANEOUS FIRST APPEAL NO.2312 OF 2012(MV-I)

                      BETWEEN:

                      AJJAPPA
                      S/O.LATE YELAGAPPA
                      AGED ABOUT 57 YEARS,
                      R/AT: KEMPALINGANAHALLI,
                      KASABA HOBLI, NELAMANGALA TALUK,
                      BANGALORE RURAL DIST.
                                                                     ...APPELLANT

                      (BY SRI.NAVEEN D.MUNIYAPPA., ADVOCATE [ABSENT])

                      AND:

                      1.    SURESH B C
                            S/O. CHANNARAYAPPA,
                            MAJOR IN AGE,
Digitally signed by         NO.35, BETTAHALLI,
THEJASKUMAR N               MANDIGERE POST,
Location: HIGH
COURT OF                    NELAMANGALA TALUK,
KARNATAKA                   BANGALORE RURAL DIST.

                      2.    THE DIVISIONAL MANAGER
                            THE ORIENTAL INSURANCE CO.LTD
                            REPRESENTED BY ITS MANAGER
                            NO.44, ANANTHA COMPLEX,
                            NH-4, PEENYA I STAGE,
                            TUMKUR ROAD, BANGALORE - 560 058.
                                                                 ...RESPONDENTS
                      (R1-SERVED AND UNREPRESENTED;
                      BY SRI.B.S.UMESH., ADVOCATE FOR R2;)
                                    -2-
                                                   NC: 2024:KHC:9231
                                                MFA No. 2312 of 2012




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION        173(1)   OF   THE   MOTOR       VEHICLES   ACT,   1988
AGAINST THE JUDGMENT AND AWARD DATED:17.01.2012
PASSED IN MVC NO.5234/2009 ON THE FILE OF MOTOR
VEHICLES ACCIDENT CLAIMS TRIBUNAL, BANGALORE CITY
(SCCH-14).


      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL   HEARING,        THIS   DAY,      THE     COURT    MADE    THE
FOLLOWING:
                               ORDER

When the matter is called, there is no representation on

behalf of the appellant, either personally or through video

conferencing.

Sri.B.S.Umesh., learned counsel for respondent No.2 has

appeared through video conferencing.

As could be seen from the daily order sheet, the appeal

was listed on 04.03.2024, on that day, there was no

representation on behalf of the appellant. Hence, the appeal

was ordered to be listed on 05.03.2024.

The appeal is listed today. As already noted above, when

the matter is called, there is no representation on behalf of the

appellant, either personally or through video conferencing. It

NC: 2024:KHC:9231

appears that the appellant is not interested in prosecuting the

appeal. Hence, the Miscellaneous First Appeal is dismissed for

non-prosecution.

Sd/-

JUDGE MRP