Karnataka High Court
Mr. S.N. Rajaehskar vs Paxal Tower Owners Association on 4 March, 2014
Author: Mohan .M.Shantanagoudar
Bench: Mohan .M. Shantanagoudar
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF MARCH 2014
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION Nos.56234-235/2013 (GM-CPC)
BETWEEN:
MR. S.N. RAJASHEKAR
S/O B K NAGARAJAPPA
AGED ABOUT 41 YEARS
R/AT NO. 35/67, I B MAIN ROAD
NEAR NETAJI CIRCLE,
NEXT TO SUSHEELA NAIDU KALYANA MANTAP
J S NAGAR
NANDINI LAYOPUT
BANGALORE-96 ... PETITIONER
(BY SRI B. VIJAY SHETTY, ADV.)
AND:
1.PAXAL TOWER OWNERS ASSOCIATION
NO.13, S K R ROAD
FORT BANGALORE-560002
BY ITS PRESIDENT
MR B CHAMPALAL BHANDARI
REPRESENTED BY ITS OWNERS
2.MR HITESH ARVIND KOTHARI
S/O ARVIND M KOTHARI
AGED ABOUT 48 YEARS
M/S PARAS MEDICAL BOOK
SHOP NO.1, GROUND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
3.MR VIJAY RAJ JAIN
S/O SUNDAR CHAND JAIN
AGED ABOUT 44 YEARS
SHOP NO. 3 AND 4,
GROUND FLOOR
NO.13, S K R ROAD
-2-
FORT BANGALORE-560002
4.MRS MAMATHA D SHAH
W/O DEEPAK A SHAH
AGED ABOUT 45 YEARS
SHOP NO.9, GROUND FLOOR
NO.13, S K R ROAD
FORT, BANGALORE-560002
5.MRS MANJULA
W/O G RAM KUMAR
AGED ABOUT 45 YEARS
M/S GAYATHRI ENTERPRISES
SHOP NO.10, GROUND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
6.MR R RAMESH
S/O LATE N NARASIMHAIAH
AGED ABOUT 48 YEARS
M/S SRI SAI SURGICALS
SHOP NO.13 TO 16, GROUND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
7.MRS DEXA HADWANI
S/O MUKESH BHAI
AGED ABOUT 38 YEARS
M/S HARDIC INTERNATIONAL
SHOP NO.17 TO 19, GROUND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
8.MR GOUTAM BOKADIA
S/O RAJMALJI BOKADIA
AGED ABOUT 32 YEARS
M/S SRI SAI SURGICALS
SHOP NO.18, GROUND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
9.MR K KRISHNA
S/O KEMPAIAH
AGED ABOUT 44 YEARS
M/S CITI SURGICAL
SHOP NO.20, GROUND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
-3-
10.MR P C CHAJJER
S/O LATE CHUNILALJI
AGED ABOUT 60 YEARS
SHOP NO.201, SECOND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
11.MRS SAIRA DEVI
W/O PARASMAL C CHAJED
AGED ABOUT 56 YEARS
SHOP NO.202, SECOND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
12.MR D C CHAJJER
S/O RAJMALJI
AGED ABOUT 58 YEARS
SHOP NO.203, SECOND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
13.MR BABULAL BHANDARI
S/O HASTIMAL
AGED ABOUT 61 YEARS
SRI S OSWAL JAIN SANGH
SHOP NO.204, SECOND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
14.MR VIMAL CHAND DHARIWAL
S/O SURAJMAL
AGED ABOUT 63 YEARS
SHOP NO.205A, SECOND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
15.MR TARCHAND JAIN
S/O LATE INDARMAL
AGED ABOUT 56 YEARS
SHOP NO.205B, SECOND FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
16.MR B CHAMPALAL BHANDARI
S/O OB BHANDARI
AGED ABOUT 55 YEARS
M/S PAXAL CORPORATION
SHOP NO.301, THIRD FLOOR
NO.13, S K R ROAD
-4-
FORT BANGALORE-560002
17.MR SANJAY TAYAL
S/O LATE R K TAYAL
AGED ABOUT 44 YEARS
SHOP NO.302, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
18.MR UTTAM CHANDJI
S/O MEGRAJJI
AGED ABOUT 51 YEARS
M/S BANGALORE S S & KITCHEN WARE
SHOP NO.304, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
19.MR R N PRASAD
S/O K RAJA RAO
AGED ABOUT 57 YEARS
M/S CHEMO ENGINEERS
SHOP NO.305, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
20.MRS SARITA GUPTA
W/O O PRADEEP KUMAR
AGED ABOUT 51 YEARS
SHOP NO.308, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
21.MR HITEN KUMAR N JAIN
S/O M NAGARAJ
AGED ABOUT 37 YEARS
M/S KRUTI
SHOP NO.309, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
22.MR M NAGARAJ JAIN
S/O LATE MISRIMALJI
AGED ABOUT 66 YEARS
M/S NIRMAAN
SHOP NO.312, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
-5-
23.MR CHANGANRAJ BHANSALI
S/O MISRIMALJI
AGED ABOUT 76 YEARS
M/S M K BHANSALI & CO
SHOP NO.313, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
24.MR ASHOK KUMAR JAIN
S/O SAMPATRAJ JAIN
AGED ABOUT 58 YEARS
SHOP NO.314, THIRD FLOOR
NO.13, S K R ROAD
FORT BANGALORE-560002
25.MR MOHAMMED IBRAHIM
S/O LATE DAWOOD SAIT
AGED ABOUT 82 YEARS
NO.24,. CUNNINGHAM ROAD
BANGALORE-560052 ... RESPONDENTS
(BY SRI S. VICTOR MANOHARAN, ADV. FOR M/S. VICTOR
MANOHARAN ASSOCIATES FOR R1.
R-2, R4 TO 7, R9 -12, R-14-19, R-21 TO 25 ARE SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO
QUASH THE ORDER PASSED BY THE HON'BLE XXXVII ADDL.
CITY CIVIL JUDGE AT BANGALORE IN OS.NO.5781/07,
DT.3.12.13, IN DISMISSING THE IA.NO.8 & IA.NO.9, BOTH FILED
UNDER SEC.151 OF CPC., FOR RE-OPENING THE CASE FROM
ARGUMENTS STAGE & RECALLING THE ORDER DT.27.11.2013
BY PERMITTING THE DEFENDANT NO.1 THE PETITIONER
HEREIN TO LEAD HIS DEFENSE EVIDENCE RESPECTIVELY
VIDE ANN-A. PERMIT THE PETITIONER HEREIN TO LEAD HIS
DEFENSE EVIDENCE BEFORE THE HON'BLE TRAIAL COURT
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER
By the impugned order dated 3.12.2013 the court below has refused to re-open the case and recall the -6- order and permit the petitioner herein to adduce evidence, on the ground that the petitioner has taken time repeatedly to get himself examined.
2. The order sheet maintained by the court below reveals that the petitioner/defendant No.1 and his counsel have remained absent on three occasions. Yet on 8.11.2013, time was granted finally to adduce evidence on payment of costs. The order sheet of the Court below clearly reveals that petitioner/defendant No.1 was negligent in not getting himself examined.
3. However, having regard to the fact that plaintiffs also took long time to get their side of evidence completed, in my considered opinion, interest of justice would be met with, if one more opportunity is given to the petitioner/defendant No.1 to adduce evidence. Hence the impugned order dated 3.12.2013 is set aside. The Court below is directed to permit the petitioner/defendant No.1 to adduce evidence on the next date of hearing. It is made clear that the petitioner should adduce evidence without fail on that date and he -7- should co-operate with the trial court for early decision of the suit. The Trial Court is directed to decide the suit itself within three months from the date of receipt of a copy of this order.
4. Accordingly these petitions are allowed.
Sd/-
JUDGE NG*