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2025 DAILYLAW 60062 (KAR)

SRI SHIRASAB S/O APPASAB NADAF v. SRI SAHEBALAL S/O MANIK GANESHWADI

WP/105792/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12405 WP No. 105792 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105792 OF 2025 (GM-CPC) BETWEEN: SRI SHIRASAB S/O. APPASAB NADAF, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: WARD NO.6, MANJARI – 591 213, TQ: CHIKKODI, DIST.: BELAGAVI. … PETITIONER (BY SRI. BALAGOUDA A. PATIL., ADVOCATE) AND: SRI SAHEBALAL S/O. MANIK GANESHWADI, AGE: 59 YEARS, OCC: NOW NIL, R/O: MANJARI -591 213, TQ: CHIKODI, DIST: BELAGAVI, (SINCE MENTALLY IMBALANCED HENCE REPRESENTED BY HIS WIFE NEXT FRIEND) SMT. SAHERABANU W/O. SAHEBALAL GANESHWADI, AGE. 55 YEARS, OCC. HOUSEHOLD WORK, R/O MANJARI – 591 213, TQ. CHIKODI, DIST. BELAGAVI. … RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 24/06/2025 ON I.A. NO. 10 PASSED BY THE HON’BLE PRL. SENIOR CIVIL JUDGE AND ADDL. MACT, CHIKODI, IN M.V.C NO. 990/2020, PRODUCED AT ANNEXURE-A AND ETC. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12405 WP No. 105792 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent is dispensed with in view of the order proposed to be passed. 2. The Petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari or any other writ quashing the order dated 24.06.2025 on I.A. No.10 passed by the Hon’ble Prl. Senior Civil Judge and Addl. MACT, Chikodi, in M.V.C. No.990/2020, produced at Annexure-A. ii. Issue any other writ or direction to meet the ends of justice. 3. MVC No.990 of 2020 having been filed by the respondent seeking compensation on account of an accident. The Petitioner had filed IA No.10 seeking for the said proceedings to be kept in abeyance till the final investigation report was to be submitted in CC No.1234 of 2020. - 3 - HC-KAR NC: 2025:KHC-D:12405 WP No. 105792 of 2025 4. The submission of learned counsel for the Petitioner is that the Petitioner has been wrongly implicated in the accident both in the criminal proceedings and in the MVC proceedings and until the investigation is completed in the Criminal Proceeding, the MVC proceedings cannot go on. The said application has been rejected, in that background that the Petitioner is before this Court seeking for the aforesaid reliefs/ 5. Learned counsel for the Petitioner once again reiterates that until investigation is completed it cannot be ascertained as to whether the Petitioner and Petitioner’s vehicle have been involved in the accident or not and therefore until investigation is completed the MVC proceedings have to be kept in abeyance. 6. I am unable to accept the submission of the learned counsel for the Petitioner inasmuch as this Court in several matters has held that the findings in Criminal matters would not be of much relevance in MVC matters. If at all, the Petitioner has not been involved - 4 - HC-KAR NC: 2025:KHC-D:12405 WP No. 105792 of 2025 in the accident, it is for the Petitioner to by cogent evidence to establish the same in the MVC proceedings which cannot be kept in abeyance. 7. Reserving such liberty to the Petitioner, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 10