IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD M.F.A.NO.102328 OF 2016 (MV-D) BETWEEN: SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: MAJOR, OCC: OWNER OF THE VEHICLE, BEARING REG.NO.KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. ... .APPELLANT (BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADVOCATE) AND 1. MURTUZSAB S/O PEERASAB PEERJADE, AGE: 50 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, TQ & DIST: BAGALKOT. 2. FATIMA W/O MURTUZSAB PEERJADE, SINCE DEAD BY HER LR’S 2A. SHAMEENA D/O.MURTUZSAB PEERJADE, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, 2B. DADAPEER S/O.MURTUZSAB PEERJADE, AGE : 25 TEARS, OCC : COOLIE, R/O: SECTOR NO.40, NAVANAGAR, TQ & DIST: BAGALKOT. 2 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B.ROAD, DHARWAD. ... RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AND PRAYED TO ALLOW THIS APPEAL BY SUMMONING THE LOWER COURT RECORDS WITH AWARD AND JUDGMENT PASSED IN M.V.C.NO.535 OF 2008 ON THE FILE OF MEMBER M.A.C.T. NO.III, BAGALKOT, EXAMINE THE SAME AND SET ASIDE THE ORDER DATED 05.11.2011 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING : ORDER On 08.02.2019, this court permitted six weeks’ time to the learned counsel for appellant to take necessary steps for issuance of notice to the respondents subject to the condition that if the steps are not taken within a period of six weeks, the appeal would be dismissed. But the learned counsel has not taken any steps. It is obvious that appellant is not interested in prosecuting the appeal. Therefore, appeal is dismissed. SD JUDGE ckk