IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.No.5532 OF 2014 (MV) BETWEEN SHRI JAYARAM M S/O MUNIRATNA NAIDU H N AGED ABOUT 49 YEARS RESIDING AT NO.17 VIVEKANANDA BLOCK PALACE GUTTAHALLI BANGALORE-560 003. ... APPELLANT (BY SRI. CLIFTON D ROZARIO, ADVOCATE - ABSENT) AND 1. SHRI PARTH VIJAY DHOTE S/O VIJAY DHOTE #G10, DOLLAR HEIGHTS 12TH MAIN, BENDAPPA GARDEN MUTHYALANAGAR, BANGALORE-560 054. (DRIVER OF THE VEHICLE) 2. SHRI VIJAY DHOTE S/O MADHUKAR DHOTE #G10, DOLLAR HEIGHTS 12TH MAIN, BENDAPPA GARDEN MUTHYALANAGAR, BANGALORE-560 054. (OWNER OF THE VEHICLE) ... RESPONDENTS (BY SRI. F S DABALI, ADVOCATE FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 05.06.2014 PASSED IN MVC NO.1685/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT On 31-7-2019, this Court passed the following order:
“No representation for the appellant in the morning as well as in the afternoon.
On 18-2-2019, a week’s time was granted to take steps in respect of respondent No.2.
Till date, no steps have been taken.
Finally, a week’s time is granted to take steps in respect of R-2. Failing which, list the matter for dismissal on 08-08-2019.”
There is no representation for the appellant today also. Inspite of granting a week’s time finally, no steps have been taken for service of notice on respondent No.2.
Learned counsel for the respondent No.1 states that respondent No.2 is a necessary party to decide the appeal, since liability is fastened on him. As the appellant has failed to take steps even though sufficient time is granted, the appeal stands dismissed for non-prosecution.
Sd/- JUDGE SMJ