Sri A P Somaiah vs Sri J Harish
2025 Latest Caselaw 8529 Kant

Karnataka High Court

Sri A P Somaiah vs Sri J Harish on 17 September, 2025

                                                     -1-
                                                               NC: 2025:KHC:37215
                                                           MFA No. 71 of 2024


                      HC-KAR




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 17TH DAY OF SEPTEMBER, 2025

                                                BEFORE
                           THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                       MISCELLANEOUS FIRST APPEAL NO.71 OF 2024 (MV-I)


                      BETWEEN:

                      SRI. A. P. SOMAIAH,
                      AGED ABOUT 54 YEARS,
                      SON OF LATE A G PONNAPPA,
                      R/AT IVATHOKLU VILLAGE,
                      KARGUNDA, MADIKERI TALUK,
                      KODAGU DISTRICT - 571 201.
                                                                     ...APPELLANT
                      (BY SRI. JAGADISH BALIGA N., ADVOCATE)

                      AND:
Digitally signed by
AASEEFA PARVEEN       1.    SRI. J. HARISH,
Location: HIGH
COURT OF                    AGED 34 YEARS,
KARNATAKA                   SON OF P. M. JAGANATHA,
                            R/AT MEKERI VILLAGE,
                            KAGGODLU, MADIKERI TALUK,
                            KODAGU DISTRICT - 571 201.


                      2.    SRI. H. A. GANAPATHI @ GIRI,
                            AGED 60 YEARS,
                            S/O. VISHWANATH H. B.,
                                 -2-
                                            NC: 2025:KHC:37215
                                           MFA No. 71 of 2024


HC-KAR




      R/AT BETTAGERI VILLAGE,
      MADIKERI TALUK,
      KODAGU DISTRICT - 571 201.


3.    THE MANAGER,
      THE ORIENTAL INSURANCE
      COMPANY LIMITED, MADIKERI,
      KODAGU DISTRICT,
      PIN - 571 201.
                                               ...RESPONDENTS
(BY SRI. NISHANTH S. K., ADVOCATE FOR R1;
R2- V/C/O DATED 02.07.2025,
APPEAL AGAINST HIM STANDS DISMISSED AS ABATED;
SRI. B.S. UMESH, ADVOCATE FOR R3)


       THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT       AND     AWARD   DATED   31.12.2022   PASSED   IN
MVC NO.54/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE,
CJM      AND   MADIKERE,       AWARDING   COMPENSATION       OF
RS.7,01,113/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL DEPOSIT.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                                  -3-
                                                  NC: 2025:KHC:37215
                                                  MFA No. 71 of 2024


HC-KAR




                           ORAL ORDER

Sri.Jagadish Baliga N., learned counsel for the appellant

files memo seeking permission to withdraw the appeal. Learned

counsel states that the matter is settled out of Court and

therefore he intends to withdraw the appeal.

2. Having considered the submission thus made,

permission as prayed for is accorded.

3. The appeal as well as IA No.1/2024 stands

dismissed as not pressed.

4. The amount in deposit, if any, be transmitted to the

concerned Tribunal immediately.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

AP CT:TSM