Smt Sunitha vs United India Insurance Co. Ltd
2023 Latest Caselaw 3398 Kant

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                                                 NC: 2023:KHC:20904-DB
                                                        RP No.30 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 16TH DAY OF JUNE, 2023
                                       PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
                            REVIEW PETITION NO.30 OF 2023
               BETWEEN:

               1.   SMT. SUNITHA
                    D/O LATE Y.C. MUNISWAMAIAH
                    AGED ABOUT 55 YEARS
                    R/AT YELAVARA VILLAGE
Digitally           KAMADENAHALLI POST, KASABA HOBLI
signed by
RUPA V              KOLAR TQ AND DIST 563126.
Location:                                                  ...PETITIONER
High Court     (BY SRI. SKANDA R.K. RAO, ADV., FOR
of Karnataka
                   SRI. T.N. VISWANATHA, ADV.,)

               AND:

               1.   UNITED INDIA INSURANCE CO. LTD.,
                    DIVISIONAL OFFICE NO.1
                    CODE NO.07100, PB NO.2743/2
                    JELLITTA TOWERS, MISSION ROAD
                    BENGALURU-27.

                    NOW REPTD BY
                    THE REGIONAL MANAGER
                    UNITED INDIA INSURANCE CO. LTD.,
                    REGIONAL OFFICE, NO.5 AND 6 FLOOR
                    KRISHI BHAVAN, NRUPATHUNGA ROAD
                    BENGALURU-01.

               2.   SMT. PAVITHRA
                    W/O LATE Y.M. SRINIVAS
                    AGED ABOUT 41 YEARS.
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                                    NC: 2023:KHC:20904-DB
                                           RP No.30 of 2023




3.   KUM. Y.S. VAISHNAVI
     D/O LATE Y.M. SRINIVAS
     AGED ABOUT 22 YEARS.

     RESP. NOS.2 & 3 ARE
     R/AT DOOR NO.2585, KRISHNA NILAYA
     SANTHE BEEDHI, SOMESHWARAPALYA
     MULBAGAL TOWN, KOLAR DISTRICT-563131.

     PRESENTLY
     R/AT YELAVARA VILALGE
     KAMADENAHALLI POST
     KASABA HOBLI
     KOLAR TQ AND DIST-563 126.

4.   SRI. N. ANANDA
     S/O LATE RAMAIAH, MAJOR
     R/AT HAROHALLI, GARDENS
     NO.190/A, MADERAHALLI POST
     KOLAR TALUK AND DISTRICT-563101.

                                           ...RESPONDENTS
(NOTICE NOT ORDERED IN R/O RESPONDENTS)

      THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE      CPC 1908, PRAYING TO CALL FOR THE
RECORDS IN M.F.A. NO.8883/2017 AND THE IMPUGNED
ORDER DATED 22.03.2019 PASSED IN M.F.A. NO.8883/2017
ON THE FILE OF THIS HONBLE COURT MAY BE SET ASIDE
AND THIS REVIEW PETITION MAY BE ALLOWED WITH COST, IN
THE INTEREST OF JUSTICE AND EQUITY.



      THIS PETITION COMING ON FOR HEARING, THIS DAY,

ALOK ARADHE J., MADE THE FOLLOWING:
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                                      NC: 2023:KHC:20904-DB
                                             RP No.30 of 2023




                          ORDER

This petition has been filed seeking review of the

judgment dated 22.03.2019 passed in MFA

No.8883/2017. The review petitioner is a married sister

of the deceased and she seeks review of the judgment on

the ground that she was not impleaded as respondent in

the appeal after the death of her mother.

2. The appellant not being the dependant on the

deceased is not entitled to seek review of the judgment

dated 22.03.2019 passed in MFA No.8883/2017. The

order dated 22.03.2019 neither suffers from any

jurisdictional infirmity nor any error apparent on the

face of the record warranting interference of this court

in exercise of review jurisdiction.

In the result, the review petition is dismissed.

NC: 2023:KHC:20904-DB RP No.30 of 2023

In view of dismissal of the petition, all pending

interlocutory applications also stand dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

SS