Rudresh vs Shafiulla - Court Judgment

SooperKanoon Citationsooperkanoon.com/1730715
CourtKarnataka Orders High Court
Decided OnFeb-27-2025
Case NumberMFA/7381/2017
JudgeChillakur Sumalatha
AppellantRudresh
RespondentShafiulla
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 27th day of february, 2025 before the hon'ble dr. justice chillakur sumalatha miscellaneous first appeal no.7381 of 2017(mv-i) between: rudresh, s/o. anjinamma, aged about 31 years, owner of autorickshaw, bearing reg no.ka-17-a-5953, r/o kadlebalu village, …appellant (by sri. thipperudraswamy h. m., advocate (absent)) and:1. shafiulla,s/o abdul roufsab, digitally signed by aged about 49 years, aaseefa parveen working in mandakki batti, location: high r/o 1st cross, beedi layout, court of sir mirja ismail nagar, karnataka davanagere-577 001.2. halesh naika, s/o chandra naika, driver of the auto richshaw, bearing reg.no.ka-17-a-5953, r/o nagarakatte village,3. the branch manager,the new india assurance co.ltd., no.289/12, 2nd floor, a.m.arcade, -2- c.g.hospital road,, davanagere-577 003. …respondents this mfa filed u/s 173(1) of mv act against thejudgment and award dated 12.03.2014 passed inmvc no.673/2012 on the file of the 1st additional senior civil judge & mact-5, davanagere, awarding compensation of rs.2,52,000/- with interest at 6% p.a. from the date of petition till realization. this appeal, coming on for orders, this day,judgment was delivered therein as under:coram: hon'ble dr. justice chillakur sumalathaoral judgmentno representation on appellant's side on call. the appeal was filed in the year 2017 and till now office objections are not complied. also there is no representation. therefore, the appeal stands dismissed for non- prosecution. sd/- (dr.chillakur sumalatha) judge ap ct:tsm list no.: 1 sl no.: 30.1
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.7381 OF 2017(MV-I) BETWEEN: RUDRESH, S/O. ANJINAMMA, AGED ABOUT 31 YEARS, OWNER OF AUTORICKSHAW, BEARING REG NO.KA-17-A-5953, R/O KADLEBALU VILLAGE, …APPELLANT (BY SRI. THIPPERUDRASWAMY H. M., ADVOCATE (ABSENT)) AND:

1. SHAFIULLA,

S/O ABDUL ROUFSAB, Digitally signed by AGED ABOUT 49 YEARS, AASEEFA PARVEEN WORKING IN MANDAKKI BATTI, Location: HIGH R/O 1ST CROSS, BEEDI LAYOUT, COURT OF SIR MIRJA ISMAIL NAGAR, KARNATAKA DAVANAGERE-577 001.

2. HALESH NAIKA, S/O CHANDRA NAIKA, DRIVER OF THE AUTO RICHSHAW, BEARING REG.NO.KA-17-A-5953, R/O NAGARAKATTE VILLAGE,

3. THE BRANCH MANAGER,

THE NEW INDIA ASSURANCE CO.LTD., NO.289/12, 2ND FLOOR, A.M.ARCADE, -2- C.G.HOSPITAL ROAD,, DAVANAGERE-577 003. …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED 12.03.2014 PASSED IN

MVC NO.673/2012 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & MACT-5, DAVANAGERE, AWARDING COMPENSATION OF RS.2,52,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL JUDGMENT

No representation on appellant's side on call. The appeal was filed in the year 2017 and till now office objections are not complied. Also there is no representation. Therefore, the appeal stands dismissed for non- prosecution. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 30.1