Dated: 23.10.2024

O R D E R

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER:

1. This is a Revision Petition filed by OP in CC/27/2024 on the file of DCDRC, Davanagere, aggrieved by the order dated 29.02.2024.

2. Learned counsel for Revision Petitioner submits that before passing orders on IA No.1 no opportunity was given to OP Nos.1 and 2.  Further submits that an exparte order is passed directing OPs not to sell the vehicle registration No.KA-25-C/9633, SML ISUZU Lorry having Chassis No.MDUZT54XEA015930 and Engine No.SLT3EA152755 and allowed IA No.2 filed U/s 457 of Cr.P.C.  Further directed OP Finance Company shall deliver the physical possession of scheduled vehicle to the complainant till disposal of the complaint.  Learned counsel submits that OPs have instructed him that CC/27/2024 came to be dismissed for default and non-prosecution.  Anyhow, DCDRC, Davanagere has passed an effective order on IA Nos.1and 2 without giving any opportunity to OP Nos.1 and 2 to oppose and submit their arguments.  In such circumstances, impugned order has to be held unsustainable under law, is liable to be set aside in exercising the powers vested U/s 47(1)(d) of CPA, 2019.  Accordingly, proceed to allow RP/37/2024 filed U/s 47(1)(d) of CPA, 2019.  Consequently, set aside the order dated 29.02.2024 passed in CC/27/2024 on IA Nos.1 and 2 with a direction to afford an opportunity to OPs to submit their arguments if any before passing orders on IA Nos.1 and 2.

3. The Copy of this order is directed to be notify to the parties for Revision Petition as well as District Commission for reference.

        Lady Member                                  Judicial Member             

*GGH*