IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.11077 OF 2011 (CPC) BETWEEN:
1. Smt.T.Vijayalakshmi W/o late M.Thyagaraju, Aged about 43 years 2. Smt.T.Manjushree D/o late M.Thyagaraju, Aged about 26 years 3. Smt.T.Vanishree D/o late M.Thyagaraju, Aged about 24 years 4. T.Charanraj S/o Late M.Thyagaraju, Aged about 22 years All are residing at No.25/A, 12th Cross, Lakshmaiah Block, Ganganagar, Behind Balaji Service Station, Bangalore-560032. ... Appellants (Notice to A1, A2, A3 and A4 held sufficient, No representation) AND:
1. The National Insurance Co. ltd., Having its Branch Office at No.1, III Floor, Unity Building Annex, No.72, Mission Road, Bangalore-560027.
2. Sri.Sirasappa S/o late Thippanna, Aged about 36 years 3. Smt.Narasamma W/o Sri.Sirasappa, Aged about 31 years No.2 and 3 are residing at Mathus Hallow Bricks Factory, Jala Hobli, New Uttanahalli Betta, Bangalore North Taluk, Bangalore. ... Respondents (Deleted vide order dated 26.07.2013) (Sri. A.M.Venkatesh, Adv. for R1, R2 and R3 deleted) This MFA filed under Order 43 Rule 1(d) of CPC against the order dated 26.9.2011 passed in Misc.No.261/2006 on the file of IX Additional Judge, Member, MACT, Bangalore, dismissing the Misc. Petition filed under Order IX Rule 13 R/w Sec.151 of CPC for Setting aside judgment and decree dated 26.11.2005 in MVC.No.76545/2004.
This MFA coming on for orders this day, the court delivered the following:
JUDGMENT Despite service of Court notice, no representation on behalf of the appellants.
Appellants have not appeared in this appeal. It appears that they are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non- prosecution.
Any amount in deposit may be transferred to the MACT.
Sd/- JUDGE rv