Allowed

Sri.Chandragouda S/O. Ramanagouda Patil v. Smt.Indirabai W/O. Dyamanagouda Patil

Karnataka HC21 Jun 2024WP/102698/2018

Case brief

AI extract

What is this about?

The High Court modified the cost imposed by the trial court while allowing applications to recall plaintiffs for further cross-examination, reducing the amount from Rs. 10,000 to Rs. 5,000 per application and directing completion of evidence and trial within specified timeframes.

What did the court decide?

Cost of Rs. 10,000 per application modified to Rs. 5,000 per application; trial directed to conclude within six months.

Sri.Chandragouda S/O. Ramanagouda Patil Vs… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:8389 WP No. 102698 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.102698 OF 2018 (GM-CPC)

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BETWEEN:

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SRI. CHANDRAGOUDA S/O. RAMANAGOUDA PATIL, AGED ABOUT 19 YEARS, OCC:COOLIE, R/O. HALAGI, TQ AND DIST:HAVERI-581155.

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SMT. PARVATI W/O. RAMANAGOUDA PATIL, AGED ABOUT 47 YEARS, OCC: HOUSEHOLD AND COOLIE, R/O. HALAGI, TQ AND DIST: HAVERI-581155.

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…PETITIONERS

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(BY SRI.SURESH N. KINI, ADVOCATE)

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AND:

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ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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SMT. INDIRABAI W/O. DYAMANAGOUDA PATIL AGE ABOUT: 58 YEARS, OCC: AGRICULTURE, R/O. GALAGIHULKOPPA, TQ: KALAGATAGI, DIST: DHARWAD-581204. PRESENTLY AT HALAGI, HAVERI.

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SMT. BHARATI W/O. ASHOK JAGATAPA AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O. GALAGIHULKOPPA, TQ: KALAGATAGI, DIST: DHARWAD-581204.

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SMT. MANJULA W/O. PRAKASH LOHERA AGED ABOUT 36 YEARS,

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2 - NC: 2024:KHC-D:8389 WP No. 102698 of 2018

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OCC: AGRICULTURE, R/O. MADGAON, GOA-403602.

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SRI. HEMANAGOUDA S/O. DYAMANAGOUDA PATIL, AGED ABOUT 34 YEARS, OCC: AGRICULTURE, R/O. GALAGIHULKOPPA, TQ: KALAGATAGI, DIST: DHARWAD-581204, PRESENTLY AT HALAGI, HAVERI.

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SMT. SUMITRA W/O. SUBHASH MAJE AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/O. MADAGOAN, GOA-403602.

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SRI. NAKUL S/O. DYAMANAGOUDA PATIL AGED ABOUT 28 YEARS, OCC: AGRICULTURE, R/O. GALAGIHULKOPPA, TQ: KALAGATAGI, DIST: DHARWAD-581204, PRESENTLY AT HALAGI, HAVERI.

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SRI. SANTOSHGOUDA S/O. RAMANAGOUDA PATIL, AGED ABOUT 14 YEARS, OCC: STUDENT, R/O. GALAGIHULKOPPA, TQ: KALAGATAGI, DIST: DHARWAD-581204. MINOR REPRESENTED BY COURT GUARDIAN SRI. KIRAN S/O. MALLESHAPPA MALLIGAR, ADVOCATE, R/O. SHIVABASAVA NAGAR, HAVERI-581110.

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…RESPONDENTS

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(BY SRI.P.G.MOGALI, ADVOCATE FOR R4; R1-NO SUCH PERSON; NOTICE TO R2, R6 AND R7 ARE SERVED; R3 AND R5-INSUFFICIENT ADDRESS)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE ORDER ON I.A.NO.8 DATED 04.04.2018 IN O.S.NO.72/2018 PASSED BY THE

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3 - NC: 2024:KHC-D:8389 WP No. 102698 of 2018

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COURT OF PRINCIPAL SENIOR CIVIL JUDGE, HAVERI MARKED AT ANNEXURE-"J" AND CONSEQUENTLY ALLOW I.A.NO.8 AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned writ petition is filed by defendant Nos.1 to 3 questioning the cost imposed by Court below while allowing the applications to recall plaintiffs to enable defendants to further cross-examine PW-1 and lead his evidence. Though these applications are allowed by the learned Judge, cost of Rs.10,000/- on each application is imposed. That portion of the order imposing cost is questioned.

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It is also brought to the notice of this Court that subsequent application seeking modification and reduction of cost is also rejected, which is under challenge.

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Heard learned counsel appearing for petitioners and learned counsel appearing for respondents.

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It is quite disheartening to note that cost imposed by the learned Judge on two applications is challenged and the consequence of challenge has led to stalling the proceedings of the suit. The suit is of the year 2008 and we are in 2024. On

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4 - NC: 2024:KHC-D:8389 WP No. 102698 of 2018

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examining the records, though this Court would find that cost is on the higher side and may require modification, learned Judge having allowed two applications, has imposed cost of Rs.10,000/- on each of the application.

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Having examined the records, I deem it fit to

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modify the cost imposed by the Court below. Accordingly, this court passes the following:

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ORDER

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i) Writ petition is allowed.

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ii) The cost of Rs.10,000/- imposed on each of the application by the learned Judge is modified. Petitioner shall deposit Rs.5,000/- on each application by next date of hearing.

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iii) Respondents/plaintiffs shall cooperate and offer for cross-examination on the next date of hearing.

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iv) Defendants shall cross-examine PW-1 and also complete their evidence within a period of two

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5 - NC: 2024:KHC-D:8389 WP No. 102698 of 2018

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months from the date of receipt of certified copy of this order.

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v) The learned Judge shall decide the suit after hearing both the counsels within an outer limit of six months from the date of receipt of

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certified copy of this order.

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Sd/JUDGE

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AM List No.: 1 Sl No.: 93

Sri.Chandragouda S/O. Ramanagouda Patil v. Smt.Indirabai W/O. Dyamanagouda Patil

Case brief

What is this about?

What did the court decide?

Sri.Chandragouda S/O. Ramanagouda Patil v. Smt.Indirabai W/O. Dyamanagouda Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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