Karnataka High Court
Shri. D. N. Ramamohan vs The New India Assurance Co. Ltd on 11 March, 2022
Bench: Alok Aradhe, R. Nataraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE R. NATARAJ
R.P. NO.300 OF 2020
IN
M.F.A. NO.7493 OF 2016 (MV-D)
C/W
R.P. NO.266 OF 2020
IN
M.F.A. NO.6125 OF 2016 (MV-D)
IN R.P. NO.300 OF 2020 IN
M.F.A. NO.7493 OF 2016
BETWEEN:
1. SRI. D.N. RAMAMOHAN
S/O D.K. NAGENDRARAO
AGED ABOUT 65 YEARS.
2. SMT. AMBUJAKSHI @ AMBUJA @ LAXMI
W/O D.N. RAMAMOHAN
AGED ABOUT 55 YEARS.
3. SRI. ANILA @ ANANTHA
PADMANABHA DESHPANDE
S/O D.N. RAMAMOHAN
AGED ABOUT 32 YEARS
ALL ARE RESIDING AT NO.572
NEAR SRI. VENUGOPALASWAMY TEMPLE
FORT, DEVENAHALLI 562110.
2
... PETITIONERS
(BY SRI. A.K. BHAT, SR. COUNSEL A/W
SMT. MAMATHA D.N. ADV.,)
AND:
1. THE NEW INDIA ASSURANCE CO. LTD.,
NO.481, 3RD CROSS, 9TH MAIN
HAL 2ND STAGE, INDIRANAGAR
BANGALORE 560038.
REPRESENTED BY ITS MANAGER
REGIONAL OFFICE (MOTOR TP HUB)
THE NEW INDIA ASSURANCE COMPANY LTD.,
MAHALAKSHMI CHAMBERS
2ND FLOOR, No.9, MG ROAD
BENGALURU - 560 001.
2. SMT. J. VIJAYALAXMI
W/O G N NAGESH, MAJOR
R/AT NO.481, 2ND CROSS
ASHOKNAGAR, VIJAYAPURA
DEVENAHALLI TALUK, BENGALURU 562110.
... RESPONDENTS
(BY SMT. SANDHYA, ADV., FOR R2
R1 SERVED)
---
THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W
ORDER 47 RULE 1 AND 3 OF CPC, PRAYING TO CALL FOR THE
RECORDS IN THE JUDGMENT, DATED 11/12/2019 PASSED IN MFA
NO.7493/2016 (BEING THE COMMON JUDGMENT FROM MFA
NO.7493/2016 CONNECTED WITH MFA NO.6125/2016) REVIEW
THE SAME AND PASS SUCH OTHER ORDER WHICH THIS HON'BLE
HIGH COURT DEEMS JUST, UNDER THE CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE.
3
IN R.P. NO.266 OF 2020 IN
M.F.A. NO.6125 OF 2016
BETWEEN:
1. SHRI. D.N. RAMAMOHAN
S/O D.K. NAGENDRARAO
AGED ABOUT 65 YEARS.
2. SMT. AMBUJAKSHI
@ AMBUJA @ LAXMI
W/O D.N. RAMAMOHAN
AGED ABOUT 55 YEARS.
3. SRI. ANILA @ ANANTHA
PADMANABHA DESHPANDE
S/O D.N. RAMAMOHAN
AGED ABOUT 32 YEARS
ALL ARE RESIDING AT NO.572
NEAR SRI. VENUGOPALASWAMY
TEMPLE, FORT
DEVANAHALLI-562110.
... PETITIONERS
(BY SRI. A.K. BHAT, SR. COUNSEL A/W
SMT. MAMATHA D.N. ADV.,)
AND:
1. THE NEW INDIA ASSURANCE CO. LTD.,
NO.481, 3RD CROSS, 9TH MAIN
HAL 2ND STAGE, INDIRANAGAR
BANGALORE-560038.
REPRESENTED BY ITS MANAGER
REGIONAL OFFICE (MOTOR TP HUB)
THE NEW INDIA ASSURANCE COMPANY LTD.,
MAHALAKSHMI CHAMBERS
2ND FLOOR, NO.9, M.G.ROAD
BENGALURU - 560 001.
4
2. SMT. J. VIJAYALAXMI
W/O G.N. NAGESH, MAJOR
R/AT NO.481, 2ND CROSS
ASHOKNAGAR, VIJAYAPURA
DEVANAHALLI TALUK
BENGALURU-562110.
... RESPONDENTS
(BY SRI. B.R. VENKATESH, ADV., FOR R1
SMT. SANDHYA, ADV., FOR R1)
---
THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W
ORDER 47 RULE 1 OF CPC, PRAYING TO CALL FOR THE RECORDS
IN THE JUDGMENT DATED 11/12/2019 PASSED IN MFA
NO.6125/2016 (BEING THE COMMON JUDGMENT FROM MFA
NO.7493/2016 CONNECTED WITH MFA NO.6125/2016), REVIEW
THE SAME AND PASS SUCH OTHER ORDER WHICH THIS HON'BLE
HIGH COURT DEEMS JUST, UNDER THE CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE.
THESE REVIEW PETITIONS COMING ON FOR ORDERS, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
ORDER
For the reasons assigned in the review application, the
judgment dated 11.12.2019 passed in MFA No.7493/2016
and MFA No.6125/2016 is recalled.
In the result MFA No.7493/2016 and MFA
No.6125/2016 are restored to file.
Accordingly, review petitions are allowed.
Sd/-
JUDGE
Sd/-
JUDGE
ss
