The High Court of Karnataka dismissed a cross objection for non-prosecution. Despite being granted leave to file office objections earlier, the objector failed to comply within the stipulated period, justifying dismissal.
Cross objection dismissed for non-prosecution due to non-compliance with court order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2022
BEFORE
THE HON’BLE MS. JUSTICE J.M.KHAZI
M.F.A. CROB NO.83 OF 2011 (MV)
BETWEEN:
SRI.R.CHINNASWAMY, SON OF RUDRAPPA, AGED ABOUT 56 YEARS, OWNER OF BALAJI BAR AND RESTAURANT, HOUSE NO.76, 4TH CROSS, ‘B’ BLOCK, DEVARAJ URS LAYOUT, DAVANAGERE – 570 004.
...CROSS OBJECTOR
(BY SRI. D.P.MAHESH, ADV. (ABSENT))
AND:
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…RESPONDENTS
(BY SRI. F.S.DABALI, ADVOCATE FOR R5; R1, R3 AND 6 ARE SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 13.07.2018 R2 & R4 ARE NOTICE DISPENSED WITH)
THIS MFA.CROB IN MFA NO.5046/2010 FILED U/ORDER 41 RULE 22 OF CPC, AGAINST THE ORDER DATED 14.12.2009 PASSED IN MVC NO.177/2005 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT-II, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. CROB COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
No representation for the cross objector.
Sd/JUDGE
ssb
1 issue framed by the court
Whether a cross objection filed under Order 41 Rule 22 CPC should be dismissed for non-prosecution following failure to comply with directions.
1 provisions across 1 enactments
Sri. R. Chinnaswamy
Umesh Hydal
A.M. Villan Basha
The New India Assurance Co. Ltd.
Shri. S. Vijay Kumar
The Divisional Controller, NEKRTC
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
