Mubarak vs Manoharsa

Type Court Judgment Court Karnataka Dharwad Decided Aug 30, 2025

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Citation: sooperkanoon.com/1607920
Court: Karnataka Dharwad High Court
Judge: Ashok S. Kinagi
Decided On: Aug 30, 2025
Case Number: MFA/102152/2015

Parties & Advocates

Appellant / Petitioner

Mubarak

Respondent

Manoharsa

Excerpt

-1-in the high court of karnataka, at dharwaddated this the 30th day of august, 2025 before the hon'ble mr. justice ashok s. kinagi miscellaneous first appeal no. 102152 of 2015 (mv-i) between:1. mubarak s/o ibrahimsab tahasildar,age: 18 years, occ: gounali work, r/o: 5th cross, nandigudde road, malebennur village, tq: harihar dist: davanagere, now at maruthinagar, ranebennur, dist: haveri. …appellant (by sri. anjaneya m, adv) and:1. manoharsa s/o nagasa ladwa, age: major, occ: business, r/o: ladwa street harihar, tq: harihar, dist: davanagere.2. the divisional managernew india insurance co. ltd., a.m. arcade near vidhyarthi bhavan, c.g. hospital road, davanagere. …respondents (by sriyuths. m.h. patil & harshawardhan m patil, digitally signed byvijayalakshmi vijayalakshmi advs for r1, sri. rajashekar s. arani, adv for r2) m kankuppi m kankuppi date: 2025.09.04 15:22:38 +0530 this mfa is filed u/s.173(1) of mv act 1988, against thejudgment & award dated:13.04.2015, passed in mvc.no.452/2013, on the file of the additional senior civil judge and member, addl. mact, ranebennur, partly allowing the claim petition for compensation and seeking enhancement of compensation. this appeal, coming on for final hearing, this day, thejudgment was delivered therein as under:-2- coram: the hon'ble mr. justice ashok s. kinagioral order(per: the hon'ble mr. justice ashok s. kinagi) learned counsel for respondent no.1 has filed a memo stating that the matter is settled between the parties before the executing court in execution no.449/2015 and produced the copy of the order sheet of execution no.449/2015. learned counsel for appellant does not dispute the same. as the parties have settled the dispute before the executing court, in view of the same, nothing survives for consideration in this appeal. accordingly, the appeal is disposed of as having become infructuous. sd/- (ashok s. kinagi) judge naa ct: bsb list no.: 1 sl no.: 7

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102152 OF 2015 (MV-I) BETWEEN:
1. MUBARAK S/O IBRAHIMSAB TAHASILDAR,
AGE: 18 YEARS, OCC: GOUNALI WORK, R/O: 5TH CROSS, NANDIGUDDE ROAD, MALEBENNUR VILLAGE, TQ: HARIHAR DIST: DAVANAGERE, NOW AT MARUTHINAGAR, RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SRI. ANJANEYA M, ADV) AND:
1. MANOHARSA S/O NAGASA LADWA, AGE: MAJOR, OCC: BUSINESS, R/O: LADWA STREET HARIHAR, TQ: HARIHAR, DIST: DAVANAGERE.
2. THE DIVISIONAL MANAGER
NEW INDIA INSURANCE CO. LTD., A.M. ARCADE NEAR VIDHYARTHI BHAVAN, C.G. HOSPITAL ROAD, DAVANAGERE. …RESPONDENTS (BY SRIYUTHS. M.H. PATIL & HARSHAWARDHAN M PATIL, Digitally signed by

VIJAYALAKSHMI VIJAYALAKSHMI ADVS FOR R1, SRI. RAJASHEKAR S. ARANI, ADV FOR R2) M KANKUPPI M KANKUPPI Date: 2025.09.04 15:22:38 +0530 THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE

JUDGMENT & AWARD DATED:13.04.2015, PASSED IN MVC.

NO.452/2013, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

-2- CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for respondent No.1 has filed a memo stating that the matter is settled between the parties before the Executing Court in Execution No.449/2015 and produced the copy of the order sheet of Execution No.449/2015. Learned counsel for appellant does not dispute the same. As the parties have settled the dispute before the executing Court, in view of the same, nothing survives for consideration in this appeal. Accordingly, the appeal is disposed of as having become infructuous. SD/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 7

Same Court & Year Karnataka Dharwad · 2025 Same Parties Mubarak vs Manoharsa Same Judge Ashok S. Kinagi