- 1 - HC-KAR NC: 2025:KHC-D:16305 MFA No. 101103 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.101103 OF 2015 (MV-D) BETWEEN: SHAMANNA S/O. MAHADEVAPPA SUNGAR, AGE: 40 YEARS, OCC: BUSINESS, R/O: TAVARAGERA, TQ: KUSHTAGI, (OWNER OF THE VEHICLE BEARING NO. KA-37/A-3467) …APPELLANT (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. IFFCO-TOKIO INSURANCE CO. LTD., NO.102, 1ST FLOOR, R.K. COMPLEX, K.C. ROAD, BELLARY, BELLARY DIST. 2. UMESH S/O. GURUBASAPPA KUSTAGI, AGE: 52 YEARS, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16305 MFA No. 101103 of 2015 OCC: AGRICULTURE, R/O: NAREGAL, TQ: RON. 3. SMT. SHANKRAVVA W/O. UMESH KUSTAGI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: NAREGAL, TQ: RON. 4. VEERESH S/O. UMESH KUSTAGI, AGE: 16 YEARS, MINOR BY M/G UMESH GURUBASAPPA KUSTAGI, R/O: NAREGAL, TQ: RON. …RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R1; SRI. GIRISH S. HULMANI, ADVOCATE FOR R2 & R3; R4 IS MINOR REPRESENTED BY R2) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS IN MVC NO.30/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., RON; SET ASIDE THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.30/2013 DATED 12.02.2015 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT RON AS PRAYED IN THE APPEAL MEMO AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:16305 MFA No. 101103 of 2015 ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) There is no representation on appellant's side on call. On 10.11.2025, learned counsel who represented the appellant submitted that the appellant is not evincing any interest in the appeal. However to give fair opportunity, the matter was ordered to be listed on this day and accordingly the matter is listed. But there is no representation on appellant's side. These facts reveal that the appellant is not interested in prosecuting the appeal. Therefore the appeal stands dismissed for non- prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 35