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2025 DAILYLAW 54579 (KAR)

SHASHIKALA v. AJAYBABU

WP/31599/2019 · 2025-07-22

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27741 WP No. 31599 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31599 OF 2019 (GM-AC) BETWEEN: 1. SHASHIKALA AGED ABOUT 29 YEARS, W/O LATE VIJAYAKUMAR, 2. LAHARI AGED ABOUT 7 YEARS, D/O LATE VIJAYAKUMAR, MINOR, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SHASHIKALA W/O LATE VIJAYAKUMAR 3. GANGASHREE AGED ABOUT 5 YEARS, D/O LATE VIJAYAKUMAR, MINOR, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SHASHIKALA W/O LATE VIJAYAKUMAR 4. GANGAMMA AGED ABOUT 54 YEARS, W/O NAGAPPA, ALL ARE R/AT ROOPA VILLAGE, PAVAGADA TALUK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27741 WP No. 31599 of 2019 NOW R/O VENKATESHAPURA, SIRA GATE, TUMKUR TOWN/TALUK/DIST-572 106. …PETITIONERS (BY SRI. NAGESH S., ADVOCATE) AND: 1. AJAYBABU AGED ABOUT 57 YEARS, S/O K. V. PARAMASHIVU, PROPRIETOR OF M/S. BHARATH MOTORS SHOW ROOM, 1ST CROSS, 8TH MAIN, ASHOKNAGARA, TUMKUR TOWN/TALUK/DIST. - 572 102. (OWNER OF MAHINDRA RODEO SCOOTER BEARING ENGINE NO.PEEAL 370756 CHASSIS NO MEDFR1B1 VA IL 73091) 2. RAMAKRISHNAIAH S/O SANNIRAPPA, R/AT GUTTAHALLI, PAVAGADA TOWN, PAVAGADA, TUMKUR DISTRICT - 572 101. PROPRIETOR OF LAKSHMI MOTORS (MAHINDRA RODEO SCOOTER BEARING ENGINE NO.PFEAL 370756 CHASSIS NO.MCDEFR1B1 VA IL 73091 FOR DISPLAY AND DEMO AND HAVING RECIVED ORDERS) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN MVC NO.29/2014 ON THE FILE OF 3RD ADDL. SENIOR CIVIL - 3 - HC-KAR NC: 2025:KHC:27741 WP No. 31599 of 2019 JUDGE TUMKUR AND SET ASIDE THE ORDER DT.27.3.2019 PASSED BY IN THE 3RD ADDL SENIOR CIVIL JUDGE, TUMKUR IN MVC NO.29/2014 ON THE IA FILED BY THE PETITIONERS U/O 6 RULE 17 OF CPC VIDE ANNEXURE-A AND ALLOW THE SAID APPLICATION VIDE ANNEXURE-D AND PERMIT THE PETITIONES TO INSERT THE SAID PROVISION 163A OF IMV ACT IN THE CLAIM PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: "a) Issue writ of certiorari or order or direction in the form of writ and set aside the order dt.27-3- 2019 passed by In the 3rd Addl Senior Civil Judge, Tumkur in MVC no.29/2014 on the IA filed by the petitioners u/o 6 rule 17 of CPC vide Annexure-A and allow the said application Vide Annexure-D and permit the petitioners to insert the said provision 163A of IMV Act in the claim petition, b) Issue writ or order or direction in the form of writ as the Hon'ble Court deems fit under the circumstances of the case including the cost of writ petition." - 4 - HC-KAR NC: 2025:KHC:27741 WP No. 31599 of 2019 2. Learned counsel for the petitioners submits that the reliefs sought for have been rendered infructuous. Accepting the submissions, the petition is dismissed as infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE BKN List No.: 1 Sl No.: 25