Suresh S/O Manohar Patravali vs Gopal S/O Shivabal Kumbar
2022 Latest Caselaw 12364 Kant

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                             MFA No. 102148 of 2019


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 12TH DAY OF OCTOBER, 2022

                        BEFORE
          THE HON'BLE MR JUSTICE R.NATARAJ
 MISCELLANEOUS FIRST APPEAL NO. 102148 OF 2019 (CPC)
BETWEEN:

     SURESH
     S/O MANOHAR, PATRAVALI
     AGE:71 YEARS, OCC:BUSINESS,
     R/O 1ST MAIN, 2ND CROSS
     NARAYANAPUR
     DHARWAD 580 009
                                    ...APPELLANT

(BY SRI S.S. BETURMATH, ADVOCATE)

AND:

     GOPAL
     S/O SHIVABAL KUMBAR
     SINCE DECEASED BY HIS LRS

     1. SMT. BHAGIRATI
     W/O GOPAL KUMBAR
     AGED 69 YEARS,
     OCC:HOUSEHOLD
     R/O H.NO.32, MILAN COLONY,
     DEVARA GUDIHAL ROAD,
     NEAR TECH COLLEGE
     OLD HUBBALLI, HUBBALLI
     DHARWAD
2.   SANJEEV
     S/O GOPAL KUMBAR
     AGED 49 YEARS, OCC:COOLIE
     R/O H.NO.32, MILAN COLONY,
     DEVARA GUDIHAL ROAD,
     NEAR TECH COLLEGE
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                            MFA No. 102148 of 2019


     OLD HUBBALLI, HUBBALLI
     DHARWAD
3.   GANESH
     S/O GOPAL KUMBAR
     AGED 47 YEARS, OCC:COOLIE
     R/O H.NO.32, MILAN COLONY,
     DEVARA GUDIHAL ROAD,
     NEAR TECH COLLEGE
     OLD HUBBALLI, HUBBALLI
     DHARWAD
4.   PRAKASH
     S/O GOPAL KUMBAR
     AGED 45 YEARS,
     OCC:COOLIE
     R/O H.NO.32, MILAN COLONY,
     DEVARA GUDIHAL ROAD,
     NEAR TECH COLLEGE,
     OLD HUBBALLI, HUBBALLI
     DHARWAD
5.   THE NEW INDIA ASSURANCE CO. LTD
     DHARWAD
     BY ITS DIVISIONAL OFFICE
     SHRINATH COMPLEX,
     NEW COTTON, MARKET,
     HUBBALLI, DHARWAD

                                ...RESPONDENTS

     THIS M.F.A. IS FILED UNDER ORDER 43 RULE 1(d) OF
THE CODE OF CIVIL PROCEDURE, 1908 AGAINST THE
JUDGMENT AND DECREE DATED 11.04.2019 PASSED IN MISC.
NO.41/2013 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, HUBBALLI, DISMISSING THE PETITION FILED
UNDER ORDER 9 RULE 13 OF THE CPC.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                  MFA No. 102148 of 2019


                           JUDGMENT

Office has raised an objection regarding maintainability of

the appeal.

2. The learned counsel for the appellant fairly admits

that the appeal is not maintainable.

3. Hence, the Appeal is dismissed as not maintainable.

It is open for the appellant to take such other remedies as are

available to him under law.

Office is directed to return certified copy of the impugned

Order after retaining a photocopy of the same.

SD/-

JUDGE

sma