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2023 Supreme(Raj) 502

MANINDRA MOHAN SHRIVASTAVA, CHANDRA KUMAR SONGARA
Manish Kumar Mishra, S/o Shri Gauri Shankar – Appellant
Versus
Badri Bai, W/o. Shri Chhitar Lal – Respondent


Advocates Appeared:
For the Appellant : Mr. Naman Yadav, Adv. for Mr. Pankaj Gupta.
For the Respondents: Mr. Prakhar Agarwal, Adv. with Mr. Manikant Mavaliya.

JUDGMENT :

1. Vide order dated 31.01.2014, while hearing all these appeals, it was noted by the learned Single Judge that though orders have been passed on 05.09.2013/06.09.2013 directing that the writ petition be treated as Civil Miscellaneous Appeal, reference has been made to three orders passed by learned Single Judges of this Court in the cases of Vikram Singh Verma Versus Kashmiri Devi & Others, decided on 08.09.1999 [2000(2)WLC 314], Mangla Jat Versus Raju, decided on 01.02.2001 [2001(1)WLC 698] & Bharat Lal Versus Sriom and Others (S.B. Civil Miscellaneous Appeal No. 474 of 1998, decided on 24.11.2000, 2001(4)WLC498), wherein, it has been consistently held that against an order passed by Motor Accident Claims Tribunal under Order 9 Rule 13 CPC, Civil Miscellaneous Appeal under Order 43 Rule 1 CPC is not maintainable. Learned Single Judge also referred the judgment of the Karnataka High Court in the case of National Insurance Co. Ltd. Vs. Huligemma & Others, decided on 02.03.2005 [2005 (2) TAC 933], wherein also similar view has been taken as has been held consistently in the judgments of the aforesaid cases. Therefore, the case has been referred to Larger Bench to consider

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