Dismissed

Rameshwari v. Muzmil Choudhary

Rajasthan HC8 Feb 2024CMA/22/2023

Case brief

AI extract

What is this about?

Two connected appeals against the same motor-accident award. One appeal by the same claimants against the identical award was dismissed as withdrawn; in the other, time was granted to file the certified copy of the judgment, failing which it would be dismissed.

What the court decided

AI extract

Rameshwari Vs Muzmil Choudhary — Rajasthan HC (2024) — LawSathi Research

¶1

[2024:RJ-JD:6825]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 22/2023

¶4

Rameshwari W/o Shri Bhuraram Ji, Aged About 44 Years, R/o Bus Stand, Khiwada, Tehsil Desuri, District Pali, Presently R/o Near Navlakha Mandir, Kumharon Ka Baas, Pali.

¶5

Vinod S/o Shri Bhuraram Ji, Aged About 19 Years, R/o Bus Stand, Khiwada, Tehsil Desuri, District Pali, Presently R/o Near Navlakha Mandir, Kumharon Ka Baas, Pali.

¶6

Vikram S/o Shri Bhurarak Ji, Aged About 19 Years, R/o Bus Stand, Khiwada, Tehsil Desuri, District Pali, Presently R/o Near Navlakha Mandir, Kumharon Ka Baas, Pali.

¶7

Smt. Sita W/o Shri Pukhraj Ji, Aged About 84 Years, R/o Bus Stand, Khiwada, Tehsil Desuri, District Pali, Presently R/o Near Navlakha Mandir, Kumharon Ka Baas, Pali.

¶8

----Appellants

¶9

Versus

¶10

Muzmil Choudhary S/o Shri Muntiyaz Choudhary, By Caste Muslim, R/o 8-258, Gali No. 5, Khureji Thana, Sankarpura, Delhi-92 (Driver Of Bus No. Up 70 Et 6565)

¶11

Rajendra Rana S/o Shri R.p. Rana, R/o Beer Kaazi Fulpur, Allahbad (Up) Mayur Vihar, Delhi. (Owner Of Bus No. Up70-Et-6565)

¶12

National Insurance Company Ltd., Through Its Divisional Manager, Divisional Office, 12 Residency Road, Jodhpur, Rajasthan, Presently Branch Office Near Old Bus Statnd, Pali Rajasthan. (Insurance Co. Bus No. Up-70-Et-6565)

¶13

----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 21/2023

¶16

Hemaram Choudhary S/o Shri Ogadram Choudhary, Aged About 45 Years, R/o Village Karadi, Tehsil Marwar Junction, District Pali.

¶17

----Appellant

¶18

Versus

¶19

Muzmil Choudhary S/o Shri Muntiyaz Choudhary, By Caste Muslim, R/o 8-258, Gali No. 5, Khureji Thana, Sankarpura, Delhi-92 (Driver Of Bus No. Up 70 Et 6565)

¶20

(2 of 4) [CMA-22/2023]

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[2024:RJ-JD:6825]

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Rajendra Rana S/o Shri R.p. Rana, R/o Beer Kaazi Fulpur, Allahbad (Up) Mayur Vihar, Delhi. (Owner Of Bus No. Up 70 Et 6565)

¶23

National Insurance Company Ltd., Through Its Divisional Manager, Divisional Office, 12 Residency Road, Jodhpur Rajasthan, Presnetly Branch Office Near Old Bus Stand, Pali, Rajasthan. (Insurance Co. Bus No. Up 70 Et 6565)

¶24

----Respondents

¶25

For Appellant(s) : Mr. Ravi Panwar

¶26

HON'BLE MS. JUSTICE REKHA BORANA

¶27

Order

¶28

08/02/2024

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In S.B. Civil Misc. Appeal No.22/2023

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Learned counsel for the appellants submits that against the impugned judgment/award, an appeal was filed by the present claimants being S.B. Civil Misc. Appeal No.223/2023. However, the said appeal was dismissed in pursuance to the peremptory order dated 01.12.2023. He further submits that on instructions of the claimants, the present appeal was filed by him being S.B. Civil Misc. Appeal No.22/2023 on 08.12.2022 i.e., prior to Appeal No.223/2023 been filed.

¶31

In view of the fact that Civil Misc. Appeal No.223/2023 has already been dismissed, the present appeal against the same award by the same claimants cannot survive. Learned counsel therefore, sought permission to withdraw the present appeal.

¶32

The permission as prayed for is granted. The present appeal is dismissed as withdrawn.

¶33

All pending applications, if any, stand disposed of .

[2024:RJ-JD:6825]

[CMA-22/2023]

(3 of 4)

Vide order dated 10.01.2024, the office was directed to report as to why, the fact of the two appeals having been filed against the same impugned judgment/award by the same claimants was not pointed out while making a report. However, in compliance of the order dated 10.01.2024, only a cursory note has been made in margin by the concerning clerk.

¶38

Let a clear and specific report of the concerning clerk be called for and be submitted by the next date. 7. List the matter on 16.02.2024.

¶39

In S.B. Civil Misc. Appeal No.21/2023

¶40

A defect has been pointed by the office regarding non-filing of the certified copy of the judgment dated 11.10.2022. On 05.01.2023, a submission was made by learned counsel for the appellant before this Court that the defect as pointed out by the office has been removed by him.

¶41

On the said submission being made, the office was directed to check and proceed. On 09.01.2023, the office pointed out that the defect has not been removed. After the said date, the matter was listed before the Court on 16.08.2023, on which date the appeal was directed to be listed along with S.B. Civil Misc. Appeal No.223/2023.

¶42

Admittedly, S.B. Civil Misc. Appeal No.223/2023 stood dismissed on 01.12.2023. The present appeal was then listed on 27.09.2023. On that date, time was granted to learned counsel for the appellant to remove the defects uptill 18.10.2023, failing which, the appeal was directed to be dismissed without further reference to the Court.

[2024:RJ-JD:6825]

[CMA-22/2023]

(4 of 4)

After the said order been passed, two applications for dispensing with the filing of the certified copy were moved by learned counsel for the appellant on 22.09.2023 and 05.10.2023.

¶47

In the said applications, it has been mentioned that the certified copy of the impugned judgment/award has been filed in Civil Misc. Appeal No.223/2023 and hence the filing of the certified copy be dispensed with in the present appeal.

¶48

However, before any order could be passed on the said application, Civil Misc. Appeal No.223/2023 itself stood dismissed. 7. In view of the fact that the certified copy of the impugned judgment/award had been filed in Civil Misc. Appeal No.223/2023, but the same stood dismissed, two weeks’ time is granted to file the certified copy of the impugned judgment/award in the present appeal.

¶49

If the certified copy of the impugned judgment/award is not filed within the stipulated period of time, the present appeal shall stand dismissed without reference to the Court.

¶50

Applications for dispensing with the filing of the certified copy of the impugned judgment/award stand disposed of .

¶51

(REKHA BORANA),J

¶52

96,97-T.Singh/Abhishek/-

Rameshwari v. Muzmil Choudhary

Case brief

What is this about?

What the court decided

Rameshwari v. Muzmil Choudhary

Case brief

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What the court decided

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