Karnataka High Court
The Divisional Manager vs Smt. Lakkavva Alias Laxmi on 15 April, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC-D:6574
RP No. 100073 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REVIEW PETITION NO.100073 OF 2023 (-)
BETWEEN:
THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD,
BY ITS DIVISIONAL OFFICE,
II FLOOR, MADIWALE COMPLEX,
CLUB ROAD, BELAGAVI - 593 107.
...PETITIONER
(BY SRI. PREETI SHASHANK., ADVOCATE)
AND:
1. SMT. LAKKAVVA ALIAS LAXMI,
W/O RAVI HANABARATTI,
AGE: 28 YEARS, OCC: NIL,
R/O: GOKAK,
TQ: GOKAK,
DIST. BELAGAVI - 591 307.
Digitally
signed by 2. KUMAR SHANKAR S/O. RAVI HANABARATTI,
SUJATA AGE: 09 YEARS,
SUBHASH OCC: NIL,
PAMMAR R/O: GOKAK, TQ: GOKAK,
Location: DIST: BELAGAVI - 591 307.
HIGH
COURT OF (NOTE. RESPONDENT NO.2 IS MINOR
KARNATAKA REPRESENTED BY MINOR
GUARDIAN RESPONDENT NO.1)
3. SHRI. BASAVARAJ M. NEGINHAL,
AGE: MAJOR, OCC: BUSINESS,
R/O: 2968, RAVIVAR PETH GOKAK,
TQ: GOKAK,
BELAGAVI - 591 307.
4. ASHWINI W/O. RAVI HANABARATTI,
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NC: 2024:KHC-D:6574
RP No. 100073 of 2023
AGE: 30 YEARS,
OCC: KURABAR GALLI,
R/O: GOKAK, TQ: GOKAK,
DIST: BELAGAVI - 591 307.
5. KUMARI TRIVENI D/O. RAVI HANABARATTI,
AGE: 11 YEARS,
OCC: STUDENT,
R/O: GOKAK,
TQ: GOKAK,
DIST: BELAGAVI - 591 307.
6. KUMARI BHAVANI D/O. RAVI HANABARATTI,
AGE: 08 YEARS,
OCC: STUDENT,
R/O: GOKAK,
TQ: GOKAK,
DIST: BELAGAVI - 591 307.
(RESPONDENTS NO.5 AND 6 ARE MINORS
REPRESENTED BY RESPONDENT NO.4 MOTHER
GUARDIAN)
7. SMT. SHOBHA W/O. SHANKAR HANABARATTI,
AGE: 50 YEARS,
OCC: NIL,
R/O: GOAKA, TQ. GOKAK,
DIST: BELAGAVI - 591 307.
...RESPONDENTS
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE FOR R1;
R2 MINOR REPRESENTED BY R1;
NOTICE TO R4 & R7 HELD SUFFICIENT;
R5 AND R6 ARE MINORS REPRESENTED BY R4.)
REVIEW PETITION FILED UNDER ORDER 47 RULE 1 READ
WITH SECTION 114 OF CPC, PRAYING TO ALLOW THE REVIEW
PETITION AND RECALL THE FINAL JUDGMENT DATED 17.08.2023
PASSED IN MFA NO.100297/2022 (ECA) AND BE FURTHER PLEASED
TO PASS SUCH OTHER ORDER AS IT DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
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RP No. 100073 of 2023
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
RP No.100073/2023 in MFA No.102997/2022 is filed
for praying to review the order dated 17.08.2023 passed
by this Court allowing the appeal filed by the claimant on
the ground that conncected MFA No.100984/2023 was not
got clubbed with MFA No.102997/2022. Therefore, for
hearing both these MFA's simultaneously the review
petitioner prays to recall/review the order passed on
17.08.2023 in the MFA.
2. When MFA No.102997/2022 was taken up for
hearing on 17.08.2023, there was no request to club MFA
No.100894/2022. Therefore, this Court has considered the
MFA No.102997/2022 and disposed of the appeal on
17.08.2023 by partly allowing the appeal filed by the
appellant.
3. When it is the case of the Insurance Company
that the Insurance Company has also filed other appeal in
MFA No.100894/2023, it is the duty cast on the Insurance
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Company to make prayer and to get clubbed both the
MFA's together, but that was not done by the Insurance
Company. When there are two appeals arising out of the
same order passed by the learned Senior Civil Judge,
MACT and commissioner for Employees Compensation,
then, it is duty cast on the Insurance Company to make
request by filing appropriate memo to club both the
appeals and argue simultaneously. But this is not done by
the Insurance Company. Therefore, the MFA
No.102997/2022 was heard on merits and disposed of the
said MFA.
4. Now, the review petition is filed only on the
ground that MFA No.100894/2023 was not requested to
club with MFA No.102997/2022. Therefore, requested to
review/recall the order dated 17.08.2023. It is not the
ground to review/recall the order dated 17.08.2023 as per
Order 47 Rule 1 read with Section 114 of Code of Civil
Procedure. What are the instances mentioned in Order 47
Rule 1 read with Section 114 of the Code of Civil
Procedure, only on that grounds the order can be reviewed
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otherwise not. Therefore, the grounds mentioned in the
revision petition are not available for reviewing/recalling
the order under this provision. Except this, there are no
grounds for reviewing/recalling the order dated
17.08.2023. Hence, the revision petition No.100073/2023
is liable to be dismissed.
Sd/-
JUDGE
SRA
