This High Court of Karnataka reviewed a petition filed under Order 47 Rule 1 of CPC. The Court dismissed the review petition, holding that the underlying appeal was properly dismissed due to lack of proof and no new grounds existed to reopen the matter.
The review petition was dismissed; no interim orders or other matters survived for consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
REVIEW PETITION No.294/2019 IN M.F.A.No.2628/2014 (MV)
BETWEEN:
SRI. D.B. BABLU S/O BALAKRISHNA AGED ABOUT 45 YEARS R/O NO.37, 2ND FLOOR 3RD CROSS, MEENAKSHI KOIL STREET, SHIVAJINAGAR BENGALURU-560001. … PETITIONER
(BY SRI SURESH M. LATUR, ADVOCATE)
AND:
2 . THE MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED NO.89, 2ND FLOOR, PVR COMPLEX HOSUR MAIN ROAD MADIVALA, KORAMANGALA BENGALURU-560068. ... RESPONDENTS
2
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W. SECTION 114 OF CPC PRAYING TO REVIEW THE JUDGMENT/ORDER DATED 03.12.2014 IN MFA No.2628/2014 AND ETC.
THIS REVIEW PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard the learned counsel appearing for the petitioner.
the appeal on merits in coming to the conclusion that the appellant has not proved that he was traveled in the bus as on the date of the accident and no material is placed before the Court in this regard. Hence, I do not find any grounds to entertain this review petition. Accordingly, the review petition is dismissed.
do not survive for consideration and the same stand disposed of.
Sd/JUDGE
SN
2 issues framed by the court
Whether there is any ground to entertain a review petition dismissing an appeal on merits due to lack of proof of travel.
Whether new grounds emerged to revive the review petition after the main appeal was dismissed.
2 provisions across 1 enactments
Sri. D.B. Bablu
Sri. Abdul Khaleem
The Manager ICICI Lombard General Insurance Company Limited
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
