Karnataka High Court
Sri. Venkatesh Naidu @ Venkatesh N vs Sri. Taneem Mohammed Nawaz on 6 January, 2023
Bench: Alok Aradhe, R. Nataraj
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RP No. 212 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE R. NATARAJ
REVIEW PETITION NO. 212 OF 2022
BETWEEN:
SRI. VENKATESH NAIDU @ VENKATESH N.,
S/O LATE NARAYANASWAMY NAIDU,
SINCE DIED BY LEGAL REPRESENTATIVES,
1(a) SMT. RANGANAYAKAMMA
W/O LATE VENKATESH NAIDU @ VENKATESH N.
AGED ABOUT 78 YEARS,
1(b) PURUSHOTHAM
S/O LATE VENKATESH NAIDU @ VENKATESH N.
AGED ABOUT 58 YEARS, NO.676,
1(c) RAJESHWARI
D/O LATE VENKATESH NAIDU @ VENKATESH N.
AGED ABOUT 56 YEARS,
DOOR NO.1143/F, IV CROSS,
WARD NO.10, VIDYARANYAPURA,
S.J.H. (SARAVAJOSHI) HOUSE ROAD,
MYSORE.
Digitally
signed by
SUMA 1(d) SRI. KUMAR
Location: S/O LATE VENKATESH NAIDU @ VENKATESH N
HIGH
COURT OF AGED ABOUT 48 YEARS,
KARNATAKA
1(e) SRI. CHANDRASHEKAR
S/O LATE VENKATESH NAIDU @ VENKATESH N
AGED ABOUT 47 YEARS,
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RP No. 212 of 2022
1(f) HEMAVATHI
D/O LATE VENKATESH NAIDU @ VENKATESH N.
AGED ABOUT 46 YEARS
1(g) MANJULA
D/O LATE VENKATESH NAIDU @ VENKATESH N.
AGED ABOUT 45 YEARS,
1(h) SARASWATHI
D/O LATE VENKATESH NAIDU @ VENKATESH N.
AGED ABOUT 40 YEARS
R/AT NO.45, 1ST CROSS,
15TH MAIN, AVALAHALLI,
BANGALORE-85.
1(i) GURUDATTA
S/O LATE VENKATESH NAIDU @ VENKATESH N.
AGED ABOUT 35 YEARS,
R/AT NO.675, B.B. GAURUDA,
MOHALLA MYSORE.
R/AT NO-657/3, B.B. GARDEN,
I MAIN, KILLE MOHALLA
MYSURU CITY AND DISTRICT-04
...PETITIONERS
(BY SRI. LOURDU MARIYAPPA A., ADVOCATE)
AND:
1. SRI. TANEEM MOHAMMED NAWAZ
S/O TAZ PASHA,
AGED ABOUT 21 YEARS,
R/AT MIG-23, OLD MYSURU BANGALORE ROAD,
SUBHASHANAGARA, MYSURU CITY.
(DRIVER CUM OWNER OF THE
MOTOR BIKE NO.KA-09-ER-3011)
2. THE ORIENTAL INSURANCE CO. LTD.,
NO.42/1, CHANDRA COMPLEX,
-3-
RP No. 212 of 2022
FIRST FLOOR, KALIDASA ROAD,
V.V. MOHALLA, MYSURU CITY,
REPRESENTED BY ITS MANAGER
(INSURER OF THE MOTOR BIKE
NO.KA-09-ER-3011)
3. THE ORIENTAL INSURANCE CO. LTD.,
NO.42/1, CHANDRA COMPLEX,
FIRST FLOOR, KALIDASA ROAD,
V.V. MOHALLA, MYSURU CITY,
REPRESENTED BY ITS MANAGER
(INSURER OF THE MOTOR BIKE
NO.KA-55-K-4725)
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH
MISCELLANEOUS FIRST APPEAL UNDER SECTION 173(1) OF
THE MOTOR VEHICLES ACT, 1988 PRAYING TO REVIEW THE
JUDGMENT DATED 18.01.2021 IN MFA NO.1626/2015, AT
ANNEXURE-A, PASSED BY THIS HON'BLE COURT AND THEREBY
ALLOW THE M.F.A. NO.1626/2015, IN ACCORDANCE WITH
LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
Heard.
2. This petition has been filed seeking review of the
judgment dated 18.01.2021 passed in MFA No.1626/2015.
RP No. 212 of 2022
3. It is trite law that subsequent change in the law is
not a ground to seek review. Even otherwise, the judgment
passed by this Court does not suffer from any infirmity nor any
error apparent on the face of the record warranting interference
of this Court in exercise of review jurisdiction.
4. In the result, the review petition fails and is hereby
dismissed.
5. In view of dismissal of the review petition, I.A.
No.1/2021 does not survive for consideration and is accordingly
disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
SMA
