ORDER :

1. In view of the proposed order to be passed, notice to respondents is dispensed with.

2. The petitioner-Insurance Company is before this Court seeking for the following reliefs:

i. Quash the order dated 05.07.2023 passed by the III Addl. Senior Civil Judge and JMFC Raichur in FR MVC No.575/2022, the copy of which is at Annexure-A.

ii. Issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case, in the interest of justice.

3. On account of an accident which occurred various persons filed claim petitions before the Trial Court in MVC Nos.575/2022, 576/2022 and 577/2022. The present petition arises out of an order dated 05.07.2023 passed by the III-Additional Senior Civil Judge and JMFC, Raichur in FR MVC No.575/2022 on an application under Section 5 of the Limitation Act, condoning delay of 5 months in filing the claim petition.

4. The submission of Sri Mohd.Abdul Quayum, learned counsel for the petitioner-Insurance Company is that in view of sub-section (3) of Section 166 of the Motor Vehicles Act, 1988 (for short hereinafter referred to as ‘MV Act’) no claim petition can be entertained, unless it i