Sri Narasimhamurthy Dead By Lrs Sri Babu ... vs Union Of India
2024 Latest Caselaw 5586 Kant

Karnataka High Court

Sri Narasimhamurthy Dead By Lrs Sri Babu ... vs Union Of India on 22 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                           NC: 2024:KHC:7521
                                                           RP No. 47 of 2024




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                             BEFORE
                         THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                                REVIEW PETITION NO. 47 OF 2024
                   BETWEEN:

                   1.     SRI NARASIMHAMURTHY DEAD
                          BY LRS SRI BABU @ NAVEEN KUMAR K N
                          S/O LATE NARASIMHA MURTHY,
                          AGED ABOUT 18 YEARS,
                          2ND YEAR
                          PUC STUDENT,
                          R/O MALLEKAVU VILLAGE,
                          KORATIGERE TALUK, TUMAKUR
                          DISTRICT,
                          KARNATAKA STATE PIN CODE - 572129.
                                                                ...PETITIONER
                   (BY SRI. SHANTHARAJA K G., ADVOCATE)

                   AND:
Digitally signed by
HEMALATHA A
Location: High      1.    UNION OF INDIA
Court of
Karnataka                 REP BY ITS GENERAL MANAGER,
                          SOUTH WESTERN RAILWAY,
                          HUBLI - 580 020.
                                                               ...RESPONDENT
                   (BY SRI. SHANTHI BHUSHAN, )

                       THIS REVIEW PETITION IS FILED UNDER SECTION 114
                   OF CPC, PRAYING REVIEW THE ORDER, DATED 16.01.2023
                   PASSED IN MFA NO. 9097/2015.

                        THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
                                -2-
                                          NC: 2024:KHC:7521
                                          RP No. 47 of 2024




                           ORDER

Even though, the matter is posted for orders, with

the consent of the learned counsel for the parties, it is

taken up for final disposal.

2. Sri H.Shanthi Bhushan, learned Assistant Solicitor

General of India is directed to take notice for the

respondent.

3. This review petition is filed by the second

appellant in MFA No.9097/2015, which was allowed and

remitted back to the Railway Claims Tribunal, Bangalore

Bench, by judgment dated 16.01.2023.

4. The learned counsel for the petitioner submits

that the first appellant was dead when the matter was

disposed of before this Court and it was not brought to the

notice of the court. The second appellant, who was a

minor, now has become a major and he seeks a direction

to the Railway Claims Tribunal to permit him to implead

the other legal representatives of appellant No.1.

NC: 2024:KHC:7521

5. In view of the above, I pass the following order:

(i) The review petition is allowed.

(ii) The judgment dated 16.01.2023 passed by this

Court in MFA No.9097/2015 is modified to the effect that

since the first appellant is dead and the second appellant

has become a major, he is permitted to file an application

to implead other legal representatives as applicants before

the Railway Claims Tribunal, Bangalore Bench in OA II U

152/2013.

(iii) If such an application is filed, the Railway

Claims Tribunal shall consider the same in accordance with

law and dispose of the OA II U 152/2013, after hearing the

parties.

Sd/-

JUDGE

Cm/-