Shah Hussain And Anr vs Rajaram And Anr
2024 Latest Caselaw 19347 Kant

Karnataka High Court

Shah Hussain And Anr vs Rajaram And Anr on 1 August, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                              -1-
                                                           NC: 2024:KHC-K:5540
                                                       MFA No. 202532 of 2019




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                           DATED THIS THE 1ST DAY OF AUGUST, 2024

                                            BEFORE

                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                        MISCL. FIRST APPEAL NO. 202532 OF 2019 (MV-D)

                   BETWEEN:

                   1.   SHAH HUSSAIN
                        S/O SAYEDSAB MAKANDAR,
                        AGE: 36 YEARS, OCC: TAILORING,
                        R/O: NEAR JHANDAKATTA, J.M. ROAD,
                        VIJAYAPUR-586101.

                   2.   MAHEBOOB
                        S/O SAYEDSAB MAKANDAR,
                        AGE: 32 YEARS,
                        OCC: PRIVATE SERVICE,
                        R/O: NEAR JHANDAKATTA,
                        J.M. ROAD, VIJAYAPUR-586101.
                                                                 ...APPELLANTS
Digitally signed
by SUMITRA
SHERIGAR           (BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA          AND:

                   1.   RAJARAM S/O CHAMPAKLAL BHUNG,
                        AGED ABOUT 81 YEARS, OCC: BUSINESS,
                        (OWNER OF AMBASSADOR CAR BEARING
                        NO.MYR-599), R/O: E-19,
                        NEAR HANUMAN MANDIR,
                        MARKET YARD, LATUR-41352,
                        (MAHARASTRA).

                   2.   THE BRANCH MANAGER,
                        THE NATIONAL INSURANCE CO. LTD.,
                               -2-
                                           NC: 2024:KHC-K:5540
                                      MFA No. 202532 of 2019




     S.S. ROAD, VIJAYAPUR-586101.
                                              ...RESPONDENTS

(BY SRI SANJAY M. JOSHI, ADV. FOR R2)

     THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND
AWARD PASSED BAY THE COURT OF III ADDL. SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII
VIJAYAPUR AT VIJAYAPUR IN MVC NO.757/2015 DATED
30.06.2018 AND BE PLEASED TO ALLOW THE CLAIM PETITION
BY GRANTING THE RELIEF AS PRAYED FOR BY THE
APPELLANTS HEREIN AND ETC.

    THIS APPEAL COMING ON FOR ORDER THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

Learned counsel for the appellants has filed a memo

seeking permission of this Court to withdraw the appeal as not

pressed.

Memo is taken on record.

Appeal is dismissed as withdrawn.

Sd/-

(N.S.SANJAY GOWDA) JUDGE SN

CT: VD