IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY 2017 PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REVIEW PETITION NO.412/2016 BETWEEN:
THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD. D.O.-2, MUSLIM HOSTEL COMPLEX 1ST MAIN, SARASWATHIPURAM MYSURU – 571 408 NOW THROUGH ITS REGIONAL OFFICE THE ORIENTAL INSURANCE CO.LTD. NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU – 560 028 REPRESENTED BY ITS AUTHORIZED SIGNATORY ...PETITIONER (BY SRI JAGADEESHA.P FOR SRI K.K.VASANTH, ADVOCATES) AND:
1. SRI L.CHINNASWAMY S/O LATE LINGAPPA AGED ABOUT 58 YEARS 2. SMT. SHAKUNTALA W/O L.CHINNASWAMY AGED ABOUT 45 YEARS RESPONDENT NOS. 1 & 2 ARE R/AT DOOR NO.155, ‘A’ BLOCK JYOTHINAGARA, MYSURU – 571 408 3. SRI MANI.N S/O NACHIMUTHU AGED ABOUT 50 YEARS R/AT NO. 1313 KUVEMPU EXTENSION SETHI ROAD CHAMARAJANAGAR – 571 428 …RESPONDENTS (BY SRI R.PRAMOD, ADVOCATE FOR R1 & R2; R3-SERVED & UNREPRESENTED;
R4-SERVED THROUGH PAPER PUBLICATION & UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1(1) & (2) OF CPC, PRAYING TO REVIEW THE JUDGMENT AND AWARD DATED 16.11.2015 PASSED IN MFA NO.3382/2014, ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, BENGALURU.
THIS REVIEW PETITION COMING ON FOR FURTHER ORDERS, THIS DAY, H.G.RAMESH J., MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. Heard. In the interest of justice, delay of 246 days in filing this review petition is condoned. IA No.1/2016 is allowed accordingly.
2. Learned Counsel appearing for the parties submit that the judgment dated 16.11.2015 passed in MFA No.3382/2014 whose review is sought in this review petition was rendered without noticing pendency of the connected appeal in MFA No.7451/2012 which appeal also has been filed against the very judgment and award impugned in MFA No.3382/2014. They rightly submit that both the appeals should have been heard together, and accordingly, they pray that the judgment dated 16.11.2015 passed in MFA No.3382/2014 may be recalled and both the appeals may be directed to be heard together.
3. In view of the above, the judgment dated 16.11.2015 passed in MFA No.3382/2014 is recalled. The review petition is accordingly disposed of.
4. Registry to list MFA No.3382/2014 along with MFA No.7451/2012 before the appropriate bench.
Review petition disposed of.
Sd/- JUDGE Sd/- JUDGE KSR