- 1 - HC-KAR NC: 2025:KHC:43896 WP No. 11406 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11406 OF 2019 (GM-AC) BETWEEN: 1. HARIHARA S A S/O LATE S.P. APPANNA, AGED ABOUT 32 YEARS, R/AT MANAJUR VILLAGE, SHIRANGALA POST, SOMVARPET TALUK KODAGU DISTRICT KARNATAKA-571232. NOW R/AT C/O S.A.MANOHARA, NO.19, B-BLOCK, POLICE QUARTERS, N.S.THITTU, HUNSUR TOWN, MYSURU DISTRICT MYSURU-571105. …PETITIONER (BY SRI. S.N. ARAVINDA, ADVOCATE FOR SRI. BHANU PRAKASH H.V., ADVOCATE) AND: 1. HABEEBULLA SHARIEF S/O HAFIZ SHARIFF, AGED ABOUT 35 YEARS, HALAGANAHALLI VILLAGE, BETTADAPURA HOBLI, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43896 WP No. 11406 of 2019 PERIYAPATNA TALUK, MYSURU-571102. 2. MOKKTHAR ALEEM S/O LATE KHASIM SHARIFF, AGED ABOUT 34 YEARS HALAGANAHALLI VILLAGE, BETTADAPURA HOBLI, PERIYAPATNA TALUK MYSURU-571102. 3. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO.LTD., NO.1825/14, C SRI COMPLEX, 1ST FLOOR, BM ROAD, HUNSUR, NEAR KALPATHARU CIRCLE MYSURU-571105. …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R3; R1 & R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED TRIAL COURT IN MISC.NO.7/2018, DATED 28.08.2018 VIDE ANNEXURE-B; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43896 WP No. 11406 of 2019 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioner is assailing the Order dated 28.08.2018 in Misc.No.7/2018 (Annexure-B) passed by the Prl. Senior Civil Judge and JMFC, Hunsur, and to allow the application filed under Order IX Rule 9 read with S.151 of CPC and to recall the order dated 09.02.2018 in MVC No.257/2016 (Annexure-A). 2. Heard the learned counsel appearing for the parties. 3. Having taken note of the submissions made by the learned counsel appearing for the petitioner, petitioner has filed the petition under Section 166 of the MV Act, seeking compensation in MVC No.257/2016, on the file of MACT, Mysuru, in respect of the alleged accident occurred on 10.08.2015. The said claim petition came to be dismissed on 09.02.2018 on the ground that the petitioner though provided with several opportunities, has failed to adduce evidence in the matter. Feeling aggrieved by the same, petitioner has preferred Misc.No.7/2018 before the Trial Court under Order IX Rule 9 - 4 - HC-KAR NC: 2025:KHC:43896 WP No. 11406 of 2019 read with Section 151 of CPC, which came to be dismissed with cost by the Trial Court on 28.08.2018 (Annexure-B). On careful consideration of the finding recorded by the Trial Court at para 9 would indicate that the said petition came to be dismissed on the ground of delay of 53 days in filing the petition. However, taking into consideration that the Motor Vehicles Act is a beneficial legislation required to be considered liberally, I am of the view that, the Trial Court ought to have allowed the petition and set aside the order passed by the Tribunal on 09.02.2018. 4. Further, taking into consideration the factual aspects on record, I am of the view that, ends of justice would be met if the Order dated 28.08.2018 (Annexure-B) in Misc. No.7/2018 is set aside and to allow the application filed by the petitioner under Order IX Rule 9 read with S.151 of CPC and to set aside the order dated 09.02.2018, subject to the condition that the petitioner shall not be entitled for interest from the date of dismissal order passed by the MACT i.e., 09.02.2018, till the appearance of the petitioner before the MACT in MVC No.257/2016, on 08.12.2025. - 5 - HC-KAR NC: 2025:KHC:43896 WP No. 11406 of 2019 5. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The Order dated 28.08.2018 (Annexure-B) in Misc. No.7/2018 on the file of the Prl. Senior Civil Judge and JMFC, Hunsur is hereby set aside, accordingly, the Misc.No.7/2018 is hereby allowed. (iii) Order dated 09.02.2018 in MVC No.257/2016 is hereby set aside. The case in MVC No.257/2016 is restored to the stage on which the petition came to be dismissed for non prosecution, on the file of the MACT, Mysuru. (iv) In order to avoid further delay in the matter, parties are directed to appear before the competent Court in MVC No.257/2016, on 08.12.2025 at 11.00 a.m. The MACT, Mysuru, is directed to dispose of the matter at the earliest. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 2