Basavaraj S/O Kallanagouda Patil vs Shri.Sikandar S/O Suleman ...
2023 Latest Caselaw 4195 Kant

                                         -1-
                                                NC: 2023:KHC-D:6934
                                           MFA.CROB No. 100042 of 2020
                                            C/W MFA No. 101176 of 2019



                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                       DATED THIS THE 10TH DAY OF JULY, 2023

                                       BEFORE

                         THE HON'BLE MRS. JUSTICE M.G.UMA

                     MFA CROSS OBJECTION NO. 100042/2020 C/W
                 MISCELLANEOUS FIRST APPEAL NO.101176/2019(MV-D)

            IN MFA CROB.NO.100042/2020:

            BETWEEN:

            1.    SHRI SIKANDAR S/O. SULEMAN MATTEBHAI,
                  AGE:39 YEARS, OCC: AGRICULTURE,
                  R/O: MANJARI, TQ: CHIKODI,
                  DIST: BELAGAVI-591 201.

            2.    SMT. FARZANA SHIHADLE,
                  W/O. SHIKANDAR MATTEBHAI,
                  AGE:34 YEARS, OCC: HOUSEHOLD WORK,
                  R/O: MANJARI, TQ: CHIKODI,
                  DIST: BELAGAVI - 591 201.
                                                       ...CROSS OBJECTORS
            (BY SRI SHIVRAJ S. BALLOLI, ADVOCATE)

            AND:
Digitally
signed by   SHRI BASAVARAJ S/O. KALLANGOUDA PATIL,
VINAYAKA    AGE:54 YEARS, OCC: BUSINESS,
BV
            R/O: MINAJAGI, TQ: MUDDEBIHAL,
            DIST: VIJAYAPUR-586 212.
            (OWNER OF TRUCK BEARING
            REG. NO.KA-28/A-9776).
                                                           ...RESPONDENT

                   THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22 OF
            CPC., 1908, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND
            AWARD DATED 24.11.2017 PASSED IN MVC NO. 777/2016 ON THE
            FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE,
            BELAGAVI, SITTING AT   CHIKODI, PARTLY ALLOWING THE CLAIM
                             -2-
                                     NC: 2023:KHC-D:6934
                              MFA.CROB No. 100042 of 2020
                               C/W MFA No. 101176 of 2019



PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.


IN MFA NO.101176/2019:

BETWEEN:

BASAVARAJ S/O. KALLANAGOUDA PATIL,
AGE:53 YEARS, OCC: BUSINESS,
R/O: MINAJAGI, TQ: MUDDEBIHAL,
DIST: VIJAYAPUR-586 212.
(OWNER OF TRUCK BEARING
REG. NO.KA-28/A-9776).
                                               ...APPPELLANT
(BY SRI G.R. TURAMARI, ADVOCATE)

AND:

1.   SHRI SIKANDAR S/O. SULEMAN MATTEBHAI,
     AGE:38 YEARS, OCC: AGRICULTURE,
     R/O: MANJARI, TQ: CHIKODI,
     DIST: BELAGAVI-591 201.

2.   SMT. FARZANA SHIHADLE MATTEBHAI,
     AGE:33 YEARS, OCC: HOUSEHOLD WORK,
     R/O: MANJARI, TQ: CHIKODI,
     DIST: BELAGAVI - 591 201.
                                              ...RESPONDENTS
(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R1 AND R2)

       THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, PRAYING TO THIS HON'BLE COURT MAY KINDLY
BE PLEASED SET ASIDE THE IMPUGNED JUDGMENT AND AWARD
PASSED BY THE COURT OF THE VII ADDITIONAL DISTRICT AND
SESSIONS   JUDGE, BELAGAVI, SITTING, AT CHIKODI IN MVC
NO.777/2016 DATED 24.11.2017 AND ALLOW THE APPEAL WITH
COSTS AND ETC.


       THESE MFA CROB. AND M.F.A., COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                        NC: 2023:KHC-D:6934
                                  MFA.CROB No. 100042 of 2020
                                   C/W MFA No. 101176 of 2019




                              ORDER

Learned counsel for the cross objector filed a memo

reporting settlement of dispute between the parties in

Execution Case No. 45/2019. Accordingly, prayed for disposal

of the case.

Learned counsel for the appellant submits that in view of

the above, the appeal also do not survive for consideration.

Memo is placed on record.

Cross objection and the appeal are disposed of as settled

out of court.

Pending IA No1/2020 in M.F.A. Crob. No. 100042/2020

also stands disposed off.

Amount in deposit, is ordered to be transmitted to the

Tribunal, forthwith.

SD/-

JUDGE

BVV