Syed Mansoor Peeran vs Smt Maria Emaculate
2022 Latest Caselaw 10649 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF JULY 2022

                    BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

          MFA No.3595 OF 2019(MV)


BETWEEN:

SYED MANSOOR PEERAN
AGED ABOUT 75 YEARS
S/O LATE MR ZAHIRUDDIN
R/AT NO 457, 36TH CROSS
V BLOCK, JAYANAGAR
BANGALORE 560 041.
                                      ...APPELLANT
(BY SMT. JAYASREE NARASIMHAN, ADV.)

AND

1.    SMT MARIA EMACULATE
      W/O LATE MICHEL DAS
      AGED ABOUT 49 YEARS
      R/AT NO 213, MARI VILLA
      4TH CROSS, GANGONDANAHALLI
      BENGALURU 39.

2.    ASHA DEVIS
      D/O LATE MICHEL DAS
      AGED ABOUT 29 YEARS
      R/AT NO 213, MARI VILLA
      4TH CROSS, GANGONDANAHALLI
      BENGALURU-39.
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3.   MARIA INFANCIA
     D/O LATE MICHEL DAS
     AGED ABOUT 27 YEARS
     R/AT NO 213, MARI VILLA
     4TH CROSS, GANGONDANAHALLI
     BENGALURU 39.

4.   MELVIN JOSEPH
     S/O LATE MICHEL DAS
     AGED ABOUT 25 YEARS
     R/AT NO 213, MARI VILLA
     4TH CROSS, GANGONDANAHALLI
     BENGALURU-39.

5.   SMT MARY JOSEPHIN
     W/O LATE RAYAPPA
     AGED ABOUT 75 YEARS
     R/AT NO 213, MARI VILLA
     4TH CROSS, GANGONDANAHALLI
     BENGALURU-39.

6.   MUBARAK PASHA
     S/O CHANDRA PASHA
     AGED ABOUT 31 YEARS
     R/AT NO 1357, 10TH CROSS
     ROAD,GANGONDANAHALLI
     CHANDRA LAYOUT, BENGALURU 560 039.
                                ...RESPONDENTS

     THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
DATED:28/05/2016, PASSED IN MVC NO.5594/2009,
ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES
JUDGE MEMBER, MACT, BENGALURU (SCCH-15),
AWARDING COMPENSATION OF RS.12,94,000/- WITH
INTEREST AT 8 PERCENT P.A., FROM THE DATE OF
PETITION TILL THE REALIZATION.
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     THIS MFA COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

The learned counsel for the appellant has filed a

memo seeking permission of the court to withdraw the

appeal.

Memo is placed on record.

Accordingly, the appeal is dismissed as

withdrawn.

Office is directed to refund the statutory amount

in deposit in favour of the appellant after due

verification.

In view of dismissal of the appeal, all pending

applications are dismissed as they do not survive for

consideration.

Sd/-

JUDGE

DM