Mohammed Nisar Ahemad vs Mohammmed Ghouseuddin And Anr
2024 Latest Caselaw 337 Kant

Karnataka High Court

Mohammed Nisar Ahemad vs Mohammmed Ghouseuddin And Anr on 4 January, 2024

                                              -1-
                                                     NC: 2024:KHC-K:134
                                                MFA.CROB.No.200025 of 2021




                               IN THE HIGH COURT OF KARNATAKA

                                      KALABURAGI BENCH


                           DATED THIS THE 4TH DAY OF JANUARY, 2024

                                            BEFORE


                        THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI

                        MFA CROSS-OBJECTION NO.200025 OF 2021 (MV-I)

                   BETWEEN:

                   MOHAMMED NISAR AHEMAD
                   S/O MOHAMMED MASTAN SAB
                   AGE: 44 YEARS, OCC: LABOUR,
                   R/O. HAQ COLONY, BIDAR-585401.

                                                            ...CROSS OBJECTOR

                   (BY SRI MOHD.VIKHARUDDIN, ADVOCATE (ABSENT))

                   AND:

Digitally signed   1.    MOHAMMMED GHOUSUDDIN
by KHAJAAMEEN
L MALAGHAN               S/O MOHAMMED MASTAN SAB,
Location: High           AGE: MAJOR, OCC: BUSINESS,
Court of
Karnataka                R/O. H.NO.17-2-328 GANDHI NAGAR,
                         MAILOOR, BIDAR-585401.
                         (OWNER OF TATA SUMO MH 29 F 321)

                   2.    THE BRANCH MANAGER
                         ORIENTAL INSURANCE COMPANY LIMITED
                         BRANCH OFFICE SHOP NO.3 KAMSHETTY COMPLEX,
                         NEAR BUS STAND BIDAR-585401.
                         (POLICY NO. 422990-31/2009/870)
                         VALID 21.02.2009 TO 20-2010
                                                            ...RESPONDENTS
                                           -2-
                                                    NC: 2024:KHC-K:134
                                              MFA.CROB.No.200025 of 2021




          THIS MFA CROB. IS FILED UNDER SECTION 41 RULE 22
OF CPC, PRAYING TO A) CALL FOR RECORDS, B) ALLOW THIS
CROSS-OBJECTION                    AND    AWARD         COMPENSATION        OF
RS.06,69,000/- (EXCLUDING THE AMOUNT AWARDED BY THE
TRIBUNAL)                  ALONG   WITH      INTEREST    @   12%     P.A.   BY
MODIFYING THE JUDGMENT AND AWARD OF THE II ADDL.
MACT AND ADDL. DIST. COURT, BIDAR DATED 21.01.2013 IN
MVC.NO.636/2009.
          THIS CROSS-OBJECTION COMING ON FOR DISMISSAL,
THIS DAY, THE COURT MADE THE FOLLOWING:
                                         ORDER

On 02.01.2024 the learned counsel appearing for the

appellant in MFA.No.200143/2014 was present and in the

MFA.Crob the learned counsel appearing for the cross-

objector was not present. The matter was directed to be

listed today for dismissal of the cross-objection. Today

also there is no representation on behalf of the cross-

objector. It appears that the cross-objector is not

interested to pursue the matter.

Accordingly, the cross-objection is dismissed for non-

prosecution.

Sd/-

Judge KJJ List No.: 2 Sl No.: 36.1