Kashimsab vs Smt.Mahananda
2024 Latest Caselaw 11607 Kant

Karnataka High Court

Kashimsab vs Smt.Mahananda on 27 May, 2024

                                                 -1-
                                                        NC: 2024:KHC-D:7017
                                                         MFA No. 103136 of 2016




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 27TH DAY OF MAY, 2024

                                               BEFORE
                             THE HON'BLE MR JUSTICE VENKATESH NAIK T
                        MISCELLANEOUS FIRST APPEAL NO. 103136 OF 2016 (MV)

                   BETWEEN:

                   1.     KASHIMSAB S/O. RAJESAB SANTI,
                          AGE: 62 YEARS, OCC: OWNER OF TRACTOR ENGINE,
                          R/O: BANAHATTI, TQ: JAMAKHANDI,
                          DIST: BAGALKOTE, PIN-587301.

                   2.     NASIRUDDIN S/O. HASANSAB SANTI,
                          AGE: 47 YEARS, OCC: OWNER OF TWO TRAILERS,
                          R/O: KULLOLLI, TQ: JAMAKHANDI,
                          DIST: BAGALKOT, PIN-587301.
                                                                       ...APPELLANTS
                   (BY SRI. B. S. SANGATI, ADVOCATE)

                   AND:

                   1.     SMT. MAHANANDA W/O. SHEKHAR BILAGI,
                          AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
                          R/O: HUNNUR, TQ: JAMAKHANDI,
                          DIST: BAGALKOT, PIN-587301.
Digitally signed
by
SHIVAKUMAR
HIREMATH           2.     AKASH S/O. SHEKHAT HUNNUR,
Location: HIGH            AGE: 14 YEARS, OCC: STUDENT,
COURT OF
KARNATAKA                 (RESPONDENT NO.2 IS MINOR
                          REPRESENTED BY HIS M/G
                          NEXT FRIEND & NATURAL MOTHER)
                          SMT.MAHANANDA W/O. SHEKHAR BILAGI,
                          I.E., RESPONDENT NO.1.
                                                                   ...RESPONDENTS
                   (BY SRI. SANTOSH B. RAWOOT, ADV. FOR R1 & R2)

                        THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988, PRAYING
                   TO DISMISS THE CLAIM PETITION FILED BY THE RESPONDENT BY
                   MODIFYING THE JUDGMENT AND AWARD OF PRINCIPAL SENIOR
                   CIVIL JUDGE AND JMFC AND MACT-V, JAMAKHANDI DATED
                   22-08-2016 PASSED IN M.V.C NO.113/2014, IN THE INTEREST OF
                   JUSTICE AND EQUITY.
                                   -2-
                                          NC: 2024:KHC-D:7017
                                              MFA No. 103136 of 2016




     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                                 ORDER

Learned counsel for the appellants has filed a memo.

The content of the memo is as under:

Herein the advocate for the appellant begs to submit as under.

That the appellant has instructed me to withdraw the top noted case. As the matter is settled between the appellant and respondent outside court.

Hence appellant request the Hon'ble court to kindly dispose of the case, as appellant do not want to prosecute further. Hence appeal may kindly be disposed accordingly in the interest of justice.

In view of the memo submitted by the learned counsel

for the appellants, appeal is dismissed as not pressed.

Sd/-

JUDGE

AC Ct-an