Sri Ganesh vs Sri Bharath
2024 Latest Caselaw 6535 Kant

Karnataka High Court

Sri Ganesh vs Sri Bharath on 5 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                 -1-
                                                              NC: 2024:KHC:9242
                                                           MFA No. 7314 of 2016




                           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.7314 OF 2016(MV-I)
                      BETWEEN:

                      SRI. GANESH S/O MANJAPPA,
                      AGED ABOUT 23 YEARS,
                      WORKING IN S.G.K.INDUSTRIES,
                      VILLAGE KHAIRA, ANNADAPURAM HOBLI,
                      SAGAR TALUK, SHIVAMOGGA DISTRICT.
                                                                   ...APPELLANT
                      (ABSENT)

                      AND:

                      1.    SRI. BHARATH
                            S/O DAMODHAR ACHAR,
                            AGE MAJOR,
                            R/O GOPALAGOWDA NAGAR,
                            SAGAR TOWN,
                            SHIVAMOGGA DISTRICT-577 401.

Digitally signed by   2.    SRI. MANJUNATH
THEJASKUMAR N               S/O BANGAR SHET,
Location: HIGH              AGED ABOUT 51 YEARS,
COURT OF
KARNATAKA                   RESIDING AT 3RD CROSS,
                            NEHARUNAGAR, SAGAR TOWN,
                            SHIVAMOGGA DISTRICT-577401.

                      3.    THE DIVISIONAL MANAGER,
                            UNITED INDIA INSURANCE COMPANY LTD.,
                            P.B.NO.21, J.C.ROAD,
                            SAGAR - 577 401.
                            SHIVAMOGGA DISTRICT.
                                                               ...RESPONDENTS
                      (R1-SERVED AND UNREPRESENTED
                        BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R3)
                               -2-
                                             NC: 2024:KHC:9242
                                         MFA No. 7314 of 2016




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 08.03.2016
PASSED IN MVC NO.338/2015 ON THE FILE OF THE V
ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL
MACT, SHIVAMOGGA, SITTING AT SAGAR.

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


                            ORDER

The name of the appellant - Ganesh is called out thrice in

the open Court. There is no representation on behalf of the

appellant, either personally or through video conferencing. The

appellant is absent.

A perusal of the daily order sheet reveals that this Court

vide order dated:19.12.2023 had issued Court notice to the

appellant in view of demise of counsel Sri.Y.S.Shiva Prasad.,

and it was ordered to be listed on 16.01.2024.

When the matter is listed on 16.01.2024 this Court

ordered await notice. Hence, it was ordered to be listed after

service of notice.

NC: 2024:KHC:9242

The appeal is listed today by printing the name of the

appellant in the cause list.

As already noted above, though the name of the

appellant - Ganesh is called out thrice in the open Court, there

is no representation on behalf of the appellant, either

personally or through video conferencing. The appellant is

absent. The appellant has not made any efforts to engage other

advocate or to appear before the Court. Hence, the

Miscellaneous First Appeal is dismissed for non-prosecution.

Sd/-

JUDGE MRP