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The Divisional Manager vs Akash and Anr

The Divisional Manager vs Akash and Anr

Type Court Judgment Court Karnataka Orders Decided Jan 30, 2024
~2 min read
https://sooperkanoon.com/case/1849970

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
MFA/200786/2020

Parties & Advocates

Appellant / Petitioner

The Divisional Manager

Respondent

Akash and Anr

Excerpt

in the high court of karnataka, kalaburagi bench dated this the 30th day of january, 2024 before the hon'ble mrs. justice lalitha kanneganti miscellaneous first appeal no. 200786 of 2020 (mv-i) between:1. the divisional manager united india insruance co. ltd., divisional office, near chandramouleshwar circle saath kacheri road, raichur allamprabhu colony, raichur-584102. ...appellant (by sri : s s aspalli, advocate) and1. akash s/o devaraj age: 22 years occ: student & part time worker r/o masarkal tq:deodurga now r/o jyoti colony, ib near mantralyam road, raichur-584102.2. jairaj s/o p. yeleesh,age: 40 yrs occ: private employee & & owner of motor cycle brg. no.35/v 3637 r/o house no. 12-6-127/735/1 near hanuman temple lbs nagar raichur-584102. …respondents this miscellaneous first appeal is filed under section 173(1) of m.v. act. by the advocate for the appellant prays that,this hon’ble court be pleased to: a) call for the records in mvc no.278/2019 on the file of the ii addl. senior civil judge & jmfc and mact raichur dated: 30.12.2019. b) set aside the judgment and award in mvc no.278/2019, dated: 30.12.2019 passed by the ii addl. senior civil judge & jmfc & mact - raichur, by allowing the above appeal, in the interest of justice and equity. this appeal coming on for orders this day, the court made the following:orderlearned counsel for the appellant shall take steps for issuance of notice to respondent nos.1 and 2 by 08.02.2024. by that time, if steps are not taken, the appeal shall stand dismissed without further reference to the court. post this matter after service of notice. judge note: as per the order dated 30.01.2024 the advocate for the appellant has not taken steps in r/o r1 & r2 by 08.02.2024. hence, the appeal stand dismissed without reference to the court. assistant registrar t by : vbs r by : vk c by : nhd

Full Judgment

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 200786 OF 2020 (MV-I) BETWEEN:

1. THE DIVISIONAL MANAGER UNITED INDIA INSRUANCE CO. LTD., DIVISIONAL OFFICE, NEAR CHANDRAMOULESHWAR CIRCLE SAATH KACHERI ROAD, RAICHUR ALLAMPRABHU COLONY, RAICHUR-584102. ...APPELLANT (BY SRI : S S ASPALLI, ADVOCATE) AND

1. AKASH S/O DEVARAJ AGE: 22 YEARS OCC: STUDENT & PART TIME WORKER R/O MASARKAL TQ:DEODURGA NOW R/O JYOTI COLONY, IB NEAR MANTRALYAM ROAD, RAICHUR-584102.

2. JAIRAJ S/O P. YELEESH,

AGE: 40 YRS OCC: PRIVATE EMPLOYEE & & OWNER OF MOTOR CYCLE BRG. NO.35/V 3637 R/O HOUSE NO. 12-6-127/735/1 NEAR HANUMAN TEMPLE LBS NAGAR RAICHUR-584102. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173

(1) OF M.V. ACT. BY THE ADVOCATE FOR THE APPELLANT PRAYS THAT,

THIS HON’BLE COURT BE PLEASED TO: a) CALL FOR THE RECORDS IN MVC NO.278/2019 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE & JMFC AND MACT RAICHUR DATED: 30.12.2019. b) SET ASIDE THE JUDGMENT AND AWARD IN MVC NO.278/2019, DATED: 30.12.2019 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE & JMFC & MACT - RAICHUR, BY ALLOWING THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel for the appellant shall take steps for issuance of notice to respondent Nos.1 and 2 by 08.02.2024. By that time, if steps are not taken, the appeal shall stand dismissed without further reference to the Court. Post this matter after service of notice. JUDGE NOTE: As per the order dated 30.01.2024 the advocate for the appellant has not taken steps in R/o R1 & R2 by 08.02.2024. Hence, the appeal stand dismissed without reference to the Court. ASSISTANT REGISTRAR T By : VBS R By : VK C By : NHD

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