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2017 DIGILAW 582 (KAR)

H. v. Kavitha W/o Late M. Girish VS E. Kakaivani W/o Elampornam

2017-03-13

A.S.BOPANNA

body2017
ORDER : Learned counsel for the petitioners has filed a memo seeking dispensation of notice to respondent No.1. Considering that the respondent No.1 is placed exparte before the Tribunal, the prayer for dispensation is granted. Since the matter lies in the narrow compass, the petition is taken up and disposed of by this order. 2. The petitioners are before this Court assailing the order dated 2.12.2016 passed on IA Nos.10 and 11 in MVC No.1511/2013 on the file of the Senior Civil Judge, Maddur as at Annexure-F to the petition. 3. The petitioners herein are the claimants in MVC No.1511/2013. In the said proceedings the Insurance Company has denied the existence of policy in respect of the vehicle which met with an accident. The petitioners contending that a copy of the policy has been produced in MVC No.29/2014 on the file of the Senior Civil Judge and MACT, Nanjanagudu, have filed the instant application before the Tribunal seeking direction to call for the records to secure the notarized copy of the policy from the said Court. The Court below on taking note of the rival contentions and keeping in view the provision of law has arrived at the conclusion that the prayer made in the application cannot be granted. It is in that circumstance, the petitioners are before this Court. 4. Having taken note of the contentions put-forth, the position of law has already been clarified by this Court that even copies which are available on record of the Court but have not been marked can also be issued through Certified Copies if such application is made. In that view, I do not find the need to set aside the order impugned herein. However, liberty is given to the petitioners to file appropriate application seeking copy of the said document from the file in MVC No.29/2014 pending before the Senior Civil Judge and MACT, Nanjanagudu. If such application is filed, the said Court is directed to consider the same and issue Certified Copies if such document is available on record, even though not marked. With the said observation and direction, petitions stand disposed of.