IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS. 14938-14939 OF 2017 (GM-CPC) BETWEEN:
SMT. C. CHANDRAKALA AGED ABOUT 45 YEARS, W/O LATE P.V.JANARDHAN, R/AT S.NO.787, 8TH CROSS, TRIVENI ROAD, DEEVANARA PALYA, YESHWANTHAPURA, BANGALORE-560054 (BY SRI. C R SUBRAMANYA, ADVOCATE) AND:
SMT. VINUTHA B.R. AGED ABOUT 56 YEARS, W/O C.N.KRISHNAMURTHY, R/AT NO.25/2A, KODENAHALLI VILLAGE & GATE, DEVANAHALLI, BUDIGERE ROAD, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK.
(BY SRI. V VINOD REDDY, FOR SRI. G PAPIREDDY, ADVOCATES) … PETITIONER … RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI IN O.S.NO.38/2015 ORDERS ON I.A.NO.21 DATED 11.11.2016 VIDE ANNEX-G AND TO ALLOW THE I.A.NO.21 AND TO QUASH ORDERS ON I.A.NO. 23 DATED 24.01.2017 VIDE ANNEX-K.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in a specific performance suit in O.S.No.28/2015 is invoking the writ jurisdiction of this Court for assailing the orders dated 11.11.2016 and 24.01.2017 respectively at Annexures G & K, made by the learned Senior Civil Judge, Devanahalli; by the former petitioner’s request for waiver of cost is rejected; by the latter, the request of the respondent - plaintiff having been favoured, the arithmetical mistake is rectified in the decree by amending it and thereby plaintiff is held to be entitled for Rs.4,52,625/- instead of Rs.1,51,675/- by way of costs.
2. After service of notice, the respondent – plaintiff having entered appearance through his counsel, resist the writ petition.
3. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter because:
(a) the impugned order rejecting the request for waiver of the cost cannot be faltered inasmuch as, no power is vested in the trial judge to waive the costs after a full-fledged trial resulting into a judgment & decree; admittedly the suit is decreed in terms of the judgment & decree dated 08.09.2016, a copy whereof is at Annexure – C; even here, nothing is pointed out as to how the petitioner is entitled to for the cost waived in the facts and circumstances of the case; and, (b) the impugned order whereby the arithmetical mistake in the decree has been decreed also cannot be faltered since the alteration of the figure is a matter of arithmetics; the mistake is rectified where again the court has got no discretion to retain the wrong when the mistake is pointed out by filing an appropriate application under Section 151 of CPC, 1908.
In the above circumstances, these writ petitions being devoid of merits, are dismissed.
No costs.
Sd/- JUDGE Bsv