. IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION Nos.2413 OF 2019 & 3452 OF 2019 & WRIT PETITION Nos.3468-3469 OF 2019 (GM-CPC) BETWEEN:
1. SRI KALARI JANGAMA MUTTA REP. BY Y.S.PARAMESHWARAIAH S/O.LATE SIDDAVEERAPPA AGED ABOUT 75 YEARS R/AT KALARI JANGAMA MUTTA KASABA HOBLI, MAGADI TALUK 2. SRI Y.S.PARAMESWARAIAH S/O.LATE SIDDAVEERAPPA AGED ABOUT 75 YEARS DHARMADHIKARI OF PLAINTIFF MUTT R/AT KALARI JANGAMA MUTT KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT 3. P.SHIVAPRAKASH S/O.Y.S.PARAMESHWARAIAH AGED ABOUT 45 YEARS ADMINISTRATIVE MANAGER OF PLAINTIFF MUTT R/AT NO.48, 9TH MAIN ROAD 2ND STAGE, BINNI LAYOUT VIJAYANAGAR BANGALORE-560 040 4. P.MAHESH S/O.Y.S.PARAMESHWARAIAH AGED ABOUT 49 YEARS ADMINISTRATOR OF PLAINTIFF MUTT R/AT NO.11, 2ND FLOOR AJJEGOWDA BUILDING SANTHE CIRCLE, YELAHANKA BANGALORE-560 064 5. P.SOMESH S/O.Y.S.PARAMESHWARAIAH AGED ABOUT 35 YEARS ADMINISTRATOR OF KALARI MUTT R/AT C/O.MANJUNATHA H.V.R.LAYOUT, NEAR SAIBABA TEMPLE KHB COLONY, BANGALORE-560 079 .
(BY SRI RAMESHCHANDRA, ADVOCATE) AND:
1. SREE SACHIDANANDA SWAMY EKADALA BILWA BONDE MUTT AGED ABOUT 71 YEARS KOMMAGHATT ROAD KENGERI UPA NAGAR BANGALORE-560 060 SRI RUDRAPPA (DEAD) S/O.LATE MUDDAPPA 2. PARVATHAMMA W/O.NAGARAJU D/O.RUDRAPPA AGED ABOUT 60 YEARS … PETITIONERS 3. MAHESH, S/O.NAGARAJU AGED ABOUT 42 YEARS 4. VEERESHA S/O.NAGARAJU AGED ABOUT 39 YEARS R2 TO R4 ARE R/AT KALARI, KASABA HOBLI MAGADI TALUK MAGADI-562 120 5. SMT.PRASANNA DEVI W/O.U.SUBRAMANYA AGED ABOUT 59 YEARS R/AT NO.116, BHEL LAYOUT KEMPEGOWDA MAIN ROAD RAJARAJESHWARI NAGARA BANGALORE-560 098 … RESPONDENTS (BY SRI S.N.PRASHANTH CHANDRA, ADVOCATE FOR R5; R1 IS SERVED;
NOTICE TO R2 TO R4 IS DISPENSED WITH V/O.DTD.20.8.19) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COSTS IMPOSED IN THE ORDER DATED 04.01.2019 (ANNEXURE-A) PASSED BY THE SENIOR CIVIL JUDGE & JMFC, MAGADI AND THE ORDER DATED 10.01.2019 PASSED IN OS.NO.69/2014 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the learned counsel having argued the matter for some time have graciously agreed with the suggestion of this Court, that requirement of payment of cost be dispensed with subject to the condition that the petitioners shall lead further evidence and mark his documents on the very next date of hearing of the suit i.e. 17.09.2019, without seeking any adjournment.
Ordered accordingly.
Since the suit is of the year 2007 and the time having lapsed since then, the trial Judge is directed to dispose off the suit within an outer limit of nine months and report compliance to the Registrar General of this Court.
Sd/- JUDGE KTY