Karnataka High Court
The Divisional Manager vs Mahammed Sadik S/O Rehamansab Hosamani on 11 January, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC-D:694
WP No. 107649 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 107649 OF 2015 (GM-AC)
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
HUBLI, COOPERATIVE COTTON SALES SOCIETY LIMITED,
BUILDING OPPOSITE TO BASAVA VANA,
NEAR SWIMMING POOL, HUBBALLI,
NOW REPRESENTED BY THE DEPUTY MANAGER
NATIONAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE, ARIHANTA PLAZA,
KUSUGAL ROAD, HUBBALLI-23.
...PETITIONER
(BY SRI. S.K. KAYAKMATH, ADVOCATE)
AND:
1. MAHAMMAD SADIK S/O. REHAMANSAB HOSAMANI,
AGE: 31 YEARS, OCC: FILM OPERATOR,
R/O. MYADAR ONI, RON,
TQ: RON, DIST: GADAG.
YASHAVANT
2. BASAYYA MADIWALAYYA ANGADI,
NARAYANKAR AGE: MAJOR, OCC: BUSINESS,
R/O. NEAR HEAD POST OFFICE,
Digitally MUNICIPAL QUARTERS,
signed by
YASHAVANT
NARAYANKAR
HOUSE NO. 01, GADAG.
...RESPONDENTS
(NOTICE TO R1 AND R2 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI BY QUASHING THE COMMON IMPUGNED ORDER DATED
27.06.2015 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND
JMFC, RON ON INTERIM APPLICATION FILED UNDER SECTION 170
OF MOTOR VEHICLES ACT FILED BY THE WRIT PETITIONER /
-2-
NC: 2024:KHC-D:694
WP No. 107649 of 2015
RESPONDENT NO.2 IN MVC NO.43/2014 CLUBBED WITH MVC
44/2014 VIDE ANNEXURE-H.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking the following
reliefs:
a) This Hon'ble Court be pleased to issue writ of
certiorari by quashing the common impugned
Order dated 27.06.2015 passed by the learned
Senior Civil Judge and JMFC, Ron on Interim
Application filed under Section 170 of Motor
Vehicles Act filed by the Writ petitioner/respondent
N.2 in MVC No.43/2014 Clubbed with MVC
44/2014 vide ANNEXURE-H, in the interest of
justice and equity.
b) Pass any other order/relief, that this Hon'ble Court
deems fit in the nature and circumstances of the
case, in the interest of justice and equity.
2. A memo dated 11.01.2024 has been filed, signed by the
counsel for the petitioner, which reads as follows:
"MEMO
Herein advocate for the writ petitioner most
respectfully submits as under.
That the petitioner has preferred the aforesaid
writ petitions challenging the order passed by Senior
Civil Judge and JMFC, Ron on interim application
NC: 2024:KHC-D:694
filed under Section 170 of Motor Vehicles Act in MVC
No.43/2014 Clubbed with MVC No.44/2014.
That during the pendency of the present writ
petition the claim petitions have been allowed. The
writ petitioner herein has preferred MFA
No.103919/2017 and 103918/2017 against the
common judgment and award passed in MVC
No.43/2014 and MVC No.44/2014 respectively.
That in view of the disposal of the claim
petition during the pendency of this writ petition,
the present writ petitions does not survive for
consideration.
Therefore, it is humbly prayed that the
aforesaid writ petitions be disposed of with the
liberty to the writ petitioners to pursue the
contentions raised in the present writ petitions to
meet the ends of justice and equity."
3. Sri.S.K.Kayakmath, learned counsel for petitioner would
submit that the proceedings in MVC No.43/2014 and MVC
No.44/2014 having been disposed, MFA No.103919/2017
and 103918/2017 have been filed. He seeks permission to
urge the grounds taken up in the above petitions in the
said appeals. Liberty is so reserved and both the petitions
are dismissed for having become infructuous.
Sd/-
JUDGE
