Karnataka High Court

MFA/101705/2023 of SRI YALLAPPA S/O RANGAPPA HOSAMANI Vs SMT. VIDYAVATI W/O PRAKASH GHATNATTI on 24 September 2026

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2024:KHC-D:17715 MFA No. 101705 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 101705 OF 2023 (MV-D) BETWEEN: SRI YALLAPPA S/O RANGAPPA HOSAMANI AGE. 29 YEARS, OCC ARMY

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 2ND DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

MISCELLANEOUS FIRST APPEAL NO. 101705 OF 2023 (MV-D)

BETWEEN:

SRI YALLAPPA S/O RANGAPPA HOSAMANI

AGE. 29 YEARS, OCC ARMY SERVICE,

R/O. MEG CENER 9/13 G PLN TV COY,

TQ. -3 M S NAGAR,.

BENGALURU-560033

…APPELLANT

(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

AND:

1.

SMT. VIDYAVATI W/O PRAKASH GHATNATTI

AGE. 45 YEARS, OCC. HOUSEHOLD WORK,

2.

KUMAR PRAVEEN S/O PRAKASH GHATNATTI

AGE. 22 YEARS, OCC. STUDENT

3.

KUMAR SHIVAPPA S/O PRAKASH GHATNATTI

AGE. 20 YEARS, OCC. STUDENT,

4.

SMT. GANGAVVA W/O PARAPPA GHATNATTI

AGE. 65 YEARS, OCC. HOUSEHOLD WORK,

ALL ARE RESIDENTS OF MALAPUR VILLAGE,

TALUKA -MUDHOL, DIST. BAGALKOT.

5.

SRI VITTAL S/O HOLEPPA JOGI

AGE. 35 YEARS, OCC. AGRICULTURE,

R/O BUDNI B K VILLAGE,

TALUKA -MUDHOL, DIST. BAGALKOT

…RESPONDENTS

Digitally signed

by SAROJA

HANGARAKI

Location: High

Court of

Karnataka

MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 24.01.2023

PASSED IN MVC NO.30/2022 ON THE FILE OF THE PRINCIPAL

SENIOR CIVIL JUDGE AND MEMBER, JUDICIAL MAGISTRATE FIRST

CLASS, AND MOTOR VEHICLE ACCIDENT CLAIM TRIBUNAL-IX, MUDHOL, IN SO FAR AS FIXING THE LIABILITY OF THE APPELLANT

TO THE EXTENT OF 50% OF THE COMPENSATION AND IN THE

INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

CORAM:

THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

This Court, vide order dated 08.02.2024, has ordered as follows: “Finally, two weeks’ time is granted to comply with the office objections, failing which, the matter be listed for dismissal.”

2. Till date office objections have not been complied with. Hence, the above matter has been listed this day.

3. Even today, the matter was passed over in the morning session and the learned counsel was permitted to comply with the office objections and the matter was called in the afternoon session. However, the office objections have not been complied with.

4. Having regard to the order dated 08.02.2024, the above appeal is dismissed for non compliance of office objections.

SD/- (C.M. POONACHA) JUDGE

PMP List No.: 2 Sl No.: 150

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