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2025 DAILYLAW 30276 (KAR)

SRI RAJU v. SMT KOUSHAR

WP/19652/2025 · 2025-07-14

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25764 WP No. 19652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19652 OF 2025 (GM-CPC) BETWEEN: SRI. RAJU, S/O SRI. BASAVA SHETTY, AGED ABOUT 37 YEARS, R/O NO. 374, P G PALYA LOKKANAHALLI HOBLI, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT – 571 313. …PETITIONER (BY SRI. BASAVANNA K.M., ADVOCATE) AND: 1. SMT.KOUSHAR, W/O LATE SRI SALIM, AGED ABOUT 31 YEARS, R/O GULYADABAYALU GRAMA, LOKKANAHALLI HOBLI, KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT – 571 313. 2. MASTER SAHID, S/O LATE SRI SALIM, AGED ABOUT 12 YEARS, R/O. GULYADABAYALU GRAMA, LOKKANAHALLI HOBLI, KOLLEGAL TALUK Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25764 WP No. 19652 of 2025 CHAMARAJANAGAR DISTRICT - 571 313. SINCE THE RESPONDENT NO.2 IS A MINOR HE IS REPRESENTED BY HIS MOTHER (RESPONDENT NO.1 AS HIS NATURAL GUARDIAN) 3. SRI. MAHADEVA, S/O SRI. BASAVA SHETTY, AGED ABOUT 38 YEARS, R/O P G PALYA VILLAGE, HANNUR TALUK, CHAMARAJANAGAR DISTRICT – 571 313. 4. SRI. IBRAHIM I., S/O SRI. ISMAIL GONDI, R/O BASAVANAHALLI VILLAGE, MULLUSOGE POST, KUSHAL NAGAR, SOMAVARPET TALUK, KODAGU DISTRICT – 571 234. 5. H.D.F.C AGRO TECH GENERAL INSURANCE COMPANY LTD., II FLOOR, MYSORE TRADE CENTRE, OPP. TO KSRTC BUS STAND B.M.ROAD, MYSURU – 570 001 (POLICY NO. 231320176520320000) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.03.2025 ON I.A.NO.2 IN MVC NO.325/2018 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT TRIBUNAL, KOLLEGAL AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25764 WP No. 19652 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court calling in question an order dated 21.03.2025 passed on I.A.No.2 filed by the present petitioner in M.V.C.No.325/2018. Petitioner is respondent No.1 before the concerned Court, said to be the owner of the vehicle which meets in a road traffic accident. Compensation is claimed at `26,00,000/- (Rupees Twenty Six Lakhs only) jointly and severally against the owner and another person. 2. The petitioner prefers an application under Order I Rule 10(2) of the Code of Civil Procedure before the concerned Court seeking his deletion from the array of defendants on the score that he is not the owner of the vehicle. This would undoubtedly require evidence. The concerned Court by rendering cogent reasons, rejected the application filed by the petitioner-owner of the vehicle. - 4 - HC-KAR NC: 2025:KHC:25764 WP No. 19652 of 2025 Finding no merit to entertain the subject petition or perversity in the order of the concerned Court, petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 78