Karnataka High Court
Sri. Abdul Hameed vs Sri. Damodhara on 9 February, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:5656
MFA No. 9149 of 2017
C/W MFA No. 9148 of 2017
MFA No. 237 of 2018
WP No. 6406 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 9149 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 9148 OF 2017 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 237 OF 2018 (MV-I)
WRIT PETITION NO. 6406 OF 2018 (GM-AC)
IN MFA NO.9149 OF 2017:
BETWEEN:
MR. ABDUL HAMEED
S/O MOHAMMED SHAFI,
AGED ABOUT 60 YEARS,
R/O. OPPOSITE CAPITANIO HIGH SCHOOL,
NALPAD RESIDENCY PUMPWELL,
KANKANADY POST, MANGALURU-575004.
... APPELLANT
(BY SMT. HALEEMA AMEEN, ADVOCATE)
AND:
MRS. SUMATHI
Digitally
W/O DAMODHARA N. POOJARY,
signed by
MANJANNA AGED ABOUT 37 YEARS,
MANJANNA E
E Date:
2024.02.15 R/AT 1-96-1, KANAPANA HOUSE,
14:29:37
+0530
HOSABETTU KULAI,
MANGALURU, D.K-575004.
... RESPONDENT
(BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.10.2017 MADE IN MVC.
NO.723/2017 BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE
AND MEMBER, M.A.C.T. D.K. MANGALURU AND FIX THE LIABILITY
ON THE INSURER OF THE VEHICLE, IN THE INTEREST OF JUSTICE.
-2-
NC: 2024:KHC:5656
MFA No. 9149 of 2017
C/W MFA No. 9148 of 2017
MFA No. 237 of 2018
WP No. 6406 of 2018
IN MFA NO. 9148 OF 2017:
BETWEEN:
MR. ABDUL HAMEED
S/O MOHAMMED SHAFI,
AGED ABOUT 60 YEARS,
R/O. OPPOSITE CAPITANIO HIGH SCHOOL,
NALPAD RESIDENCY PUMPWELL,
KANKANADY POST, MANGALURU-575006.
... APPELLANT
(BY SRI. KAMALAKSHA P., ADVOCATE)
AND:
MR. DAMODHARA
S/O NARAYANA POOJARY,
AGED ABOUT 41 YEARS,
R/AT 1-96-1, KANAPANA HOUSE,
HOSABETTU KULAI,
MANGALURU, D.K-575006.
... RESPONDENT
(BY SMT. HALEEMA AMEEN, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.10.2017 MADE IN MVC
NO.722/2017 BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE
AND MEMBER, M.A.C.T D.K. MANGALURU AND FIX THE LIABILITY ON
THE INSURER OF THE VEHICLE, IN THE INTEREST OF JUSTICE.
IN MFA NO. 237 OF 2018:
BETWEEN:
MRS. SUMATHI
W/O DAMODHARA N. POOJARY,
AGED ABOUT 37 YEARS,
RESIDING AT 1-96-1,
KANAPANA HOIUSE,
HOSABETTUR, KULAI,
MANGALURU TALUK, D.K.
PIN-575008.
... APPELLANT
(BY SRI. RAVISHANKAR SHASTRY, ADVOCATE)
-3-
NC: 2024:KHC:5656
MFA No. 9149 of 2017
C/W MFA No. 9148 of 2017
MFA No. 237 of 2018
WP No. 6406 of 2018
AND:
MR. ABDUL HAMMED
S/O MOAHMMED SHAFI,
MAJOR, R/AT OPP. CAPITANIO HIGH SCHOOL,
NALPADY RESIDENCY, PUMP WELL,
KANKANADY POST, MANGALURU TALUK,
D.K. DISTRICT, PIN-575003.
... RESPONDENT
(BY SMT. HALEEMA AMEN, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.10.2017, IN MVC NO.723/2017
PASSED BY THE LEARNED MEMBER-MACT & I ADDITIONAL SENIOR
CIVIL JUDGE, MANGALURU. D.K. AND CLAIM PETITION BE ALLOWED
AS PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF
JUSTICE.
IN WP NO. 6406 OF 2018:
BETWEEN:
SRI. ABDUL HAMEED
S/O. MOHAMMED SHAFI,
MAJOR, R/AT OPP. CAPITANIO HIGH SCHOOL,
NALPAD RESIDENCY PUMPWELL,
KANKANADY POST, MANGALURU-575004.
... PETITIONER
(BY SMT. HALEEMA AMEEN, ADVOCATE)
AND:
SRI. DAMODHARA,
AGED ABOUT 41 YEARS,
S/O. NARAYANA POOJARY,
R/AT NO.1-96-1, KANAPANA HOUSE,
HOSABETTU, KULAI,
MANGALURU TALUK,
D.K.-575004.
... RESPONDENT
(BY SRI. S.S. PULINCHA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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NC: 2024:KHC:5656
MFA No. 9149 of 2017
C/W MFA No. 9148 of 2017
MFA No. 237 of 2018
WP No. 6406 of 2018
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT QUASHING THE ORDER ANNEXURE-'A' DATED 03.02.2018
MADE IN EX.CASE NO.07/20-18 BY THE COURT OF I ADDITIONAL
SENIOR CIVIL JUDGE, MANGALURU, D.K.
THESE APPEALS AND
THE PETITION, COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
ORDER
The learned counsel appearing for the parties would
submit that they have mutually agreed to windup the
litigation by receiving a sum of Rs.8,00,000/-.
2. The learned counsel for the claimant
Sri.G.Ravishankar submits that the entire amount of
Rs.8,00,000/- has been received by the claimants and
there is no other amount due.
3. In view of the above, the appeals are disposed
off as having become unnecessary and the settlement
arrived at between the parties is recorded.
4. The amount which was ordered to be
transferred to Tribunal by the earlier order dated
NC: 2024:KHC:5656
20.04.2024 shall be disbursed by the Tribunal to the
concerned claimant in MFA No.237/2018.
Sd/-
JUDGE
RHR/- CT:BCK
