Mr Dadapir Haneefsab Sheik Sanadi vs Mr Mohammed Salim Sheik
2022 Latest Caselaw 4254 Kant

                            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.132 OF 2021
                            IN
              M.F.A. NO.6512 OF 2017 (MV-I)

BETWEEN:

MR. DADAPIR HANEEFSAB SHEIK SANADI
S/O SRI. HANEEFSAB SHEIK SANADI
AGED ABOUT 31 YEARS
R/AT KODI, KUNDAPURA
KASABA, KUNDAPURA

SINCE THE APPELLANT IS NOT SOUND MIND
AND NOT FULLY CONSCIOUS DUE TO
SEVERE HEAD INJURY
HE IS REPRESENTED BY FATHER
GUARDIAN SRI. HANEEFSAB SHEIK SANADI
S/O SHEIKSANADI
AGED ABOUT 64 YEARS
R/AT KODI, KUNDAPURA, KASABA
KUNDAPURA TALUK, UDUPI DISTRICT-576254.
                                              ... PETITIONER
(BY SRI. NAGARAJA HEGDE, ADV.,)

AND:

1.    MR. MOHAMMED SALIM SHEIK
      S/O HANEEF SHEIK
      AGED ABOUT 29 YEARS
      R/AT GERESARA, HANEEFABAD
                                     2



       BHATKAL
       U.K. DISTRICT-581320.

2.     THE UNITED INDIA INSURANCE CO. LTD.,
       DIVISIONAL OFFICE, JEWEL PLAZA
       MARUTHI VITHIKA, UDUPI-576101
       REP. BY ITS DIVISIONAL MANAGER.

                                                   ... RESPONDENTS

(BY SRI. C. SHANKARA REDDY, ADV., FOR R2
NOTICE TO R1 DISPENSED WITH)

                                   ---

        THIS R.P. IS FILED UNDER ORDER 47 RULE 1 OF CPC,
PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO
THE FILE IN MFA NO.6512/2017 BY THIS HON'BLE COURT AND
THE RECORDS IN MVC NO.1144/2011 BY THE MACT AND MEMBER
ADDL. MACT, UDUPI (SITTING AT KUNDAPURA) KUNDAPURA.
AFTER PERUSING THE RECORDS, THIS HON'BLE COURT BE
PLEASED TO REVIEW THE ORDER DATED 02.03.2021 PASSED BY
THIS    HON'BLE       COURT   IN   MFA   NO.6512/2017,   WHICH    IS
PRODUCED ANNEXURE-A & ETC.,


        THIS   R.P.    COMING      ON    FOR   ORDERS,   THIS   DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:



                                ORDER

For the reasons assigned in the review petition, the

judgment dated 02.03.2021 passed in M.F.A.No.6512/2017

is recalled.

In the result, M.F.A.No.6512/2017 is restored to file.

Accordingly, review petition is allowed.

Sd/-

JUDGE

Sd/-

JUDGE