: 1 :

IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 17 TH DAY OF SEPTEMBER 2014

BEFORE

THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

WRIT PETITION Nos. 104330-331/2014 (GM-AC)

BETWEEN :

1. SMT. SUREKHA W/O. BASAVARAJ MELAVANKI AGE: 31 YEARS OCC: HOUSEHOLD WORK R/O. HIRKOPPA, TQ: DIST:

2. KUMAR VINOD S/O. BASAVARAJ MELAVANKI AGE: 14 YEARS, OCC: STUDENT MINOR R/BY HIS MOTHER SUREKHA W/O. BASAVARAJ MELAVANKI AGE: 31 YEARS OCC: HOUSEHOLD WORK R/O. HIRKOPPA, TQ: RAMDURG DIST: BELGAUM

3. KUMAR PRAMOD S/O. BASAVARAJ MELAVANKI AGE: 11 YEARS, OCC: STUDENT MINOR R/BY HIS MOTHER SUREKHA W/O. BASAVARAJ MELAVANKI AGE: 31 YEARS OCC: HOUSEHOLD WORK R/O. HIRKOPPA, TQ: RAMDURG DIST: BELGAUM . ... PETITIONERS

(BY SRI : SANTOSH S. HATTIKATAGI FOR SRI. SANTOSH B.RAWOOT, ADVOCATE) : 2 :

AND :

BHIMAPPA DUNDAPPA KANAKAPPANAVAR AGE: MAJOR, OCC: AGRICULTURE R/O. LAXAYANATTI MUDHOL, TQ: & DIST: BAGALKOT. ... RESPONDENT

(BY SRI : VIJAY K NAIK, ADVOCATE)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE IMPUGNED ORDERS, WHICH IS AT ANNEXURE-D, ORDER PASSED BY THE PRL.DISTRICT JUDGE, BELGAUM, DATED 24.09.2013 IN M.V.C.NO.1778/2011 AND THE ORDER PASSED BY THE V ADDL.DISTRICT JUDGE AND 6TH MOTOR ACCIDENT CLAIMS TRIBUNAL BELGAUM, DATED 23/11/2013 IN M.V.C.NO.1778 OF 2011, ETC.

THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioners are aggrieved by order dated 23.11.2013 passed by V Additional District Judge and VI M.A.C.T.,

Belgaum.

2. By that order, the claim petition has been returned to petitioners for being filed before the Court of competent territorial jurisdiction. If the petitioners are aggrieved by that order, they have a remedy by way of an appeal under

Order XLIII Rule 1A of the Code of Civil Procedure, 1908. : 3 :

3. In that view of the matter, writ petitions are dismissed as not maintainable reserving liberty to the petitioners to avail of the appellate remedy, if so advised.

Office to return the certified copies of Annexures to the petitioners’ counsel forthwith, subject to filing of copies of the same for the purpose of record.

Sd/- JUDGE hnm