Karnataka High Court
Smt Pushpa Devi vs K N Girish on 28 July, 2010
Author: Anand Byrareddy
Bench: Anand Byrareddy
-2 1 :-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28*" DAY or-' JULY 2010,-'-._
BEFORE
THE HON'BLE MR. JUSTICE ANAND BvRA.§'RE:DVj§-43%' A'
WRIT PETITION N04411:,--/'20-e.9_ («c«;r9!1§--f<V:V?:'=._(:V):
And
WRIT PETITION No.1§118S2/".2(:J I9 (Gr¢§cPc)"
BETWEEN :
Smt: Pushpa Devi,
Aged about,.62 y*fjé_a:_rs, _ I .
w /0. Sri B11er_u'!a'I' 3'ai.n}'{'.'-V, ~
M / 5. PraVgathVi"'SiA:l;k Ke_rId_fa,"
No. 25, BYataIPPa'1V5¥3né;,.."'
Chowd:gshv:ari"TempE'e_[Cross,
Nagarathpet, Stre§§~t_ C42.-p'ss_,.-~
BangaEor'e_-I560' 002-" .
V' . .....Petitioner
ShI'§a"r'ah1u, Adv.,)
K.'N,,_'Giris}'fi
_ Aged abou'i:"35 years,
RS/0. K'.S.'1-Nagabhushan,
" .,Resi_ding at No. 65,
"'-Siarvégyor Street,
I' smigarore - 560 004.
T ("By Sri: K.M. Chandraprasad, Adv.,)
.. . . . Respondent
-12:-
These Writ petitions are filed under Artivcl'e_ll'2,26 of the Constitution of India praying to order dated 3.3.2009 passed by the ttearried--. V' Additional City Civil 81 Session",,J,udge,--"Ban:gVal'orVe,Von LA. No. 15 in o.s. No. 8513/20,04atAoene§gere~«a,yi_eodd.' aiso quash the order dated 3.4.2009 pasased '~by{tite'=.. learned City Civil and SeSsi_o'n.s Jtidge,-.,0a:nVg,a'l'ore on 0' I.A. No. 15 in o.s. No. 8513,/..2oo4._yide'Aooeggtire-D1. These writ petitlions preliminary hearing in 'B'f--grou,p"'ti1i1s the.,:C'ourt made the following: H DRDER _ijIearlc"I" tVhe,'.'-learned counsel for the petitioner V' .,and. .thieV.re's,ponde"n't.l if 2., petitioner herein is the defendant in a V'-».pendi"n,g3 suit for ejectment. The plaintiff having l"'ll.co_n'ij;ileted his evidence, the matter was set down for defendant's evidence, in the year 2006.
However, the defendant - petitioner has managed to 3 procrastinate matters by seeking frequent adjournments. Though costs were imposed by the trial Court while adjourning the case from fczir:,§é,_to time, the petitioner took advantage of such"leni'er7ace~~. and ultimately, when cost was imposed..la:y.,Vari::orde'r dated 11.06.2008, the petitioner:.,hia.d°--,fai,led"to._:VpVay' the cost and the matter vvas acicording!,'y"V*%'g;osted; final arguments on "'ThVereai'ter, the petitioner had filed 15, seeking permission to recallthe-.w'iV.tn:es"s*,fo:Vr1,V--«t'he defendant and tc:addyuce-.e_vi3d--ence,___ The said application having been refecéted, is before this Court.
3. "''--!This Cou,rt,...~*in the first instance, had .,the"'"peti«t'ioner to deposit a sum of granted interim stay of further proceed.inV'g'is..s:;as prayed for. The respondent has in.__entered*appearance after service of notice in the writ A "::"peti'ti_.ons. Having regard to the conduct of the petitioner, which the learned counsel for the 6 -:4:- respondent points out, there was no infirmity in the order rejecting the petitioner's application t_ofr'e_ca_l| the witness to tender further evidencegi Court was fully justified in doingmsoé. H6w'e£&¢;;'n'an_v.thve "
interest of justice and in order to no further room for the 'peti.t_ione'r to _p'roc'r;a'stiriate,Wt' since it is possible that tube:"p_et--i,tioner--.miVgiht even take advantage of peti_tioner had not been permittedto egialminieV.he'r--s.elvf,hhtwithstanding, that her a.'bo_ve'm;board, over the years.i_: It of justice to permit her to tender ev_idence_,éVwi2i:_lev.__p'i'a'.cing her on terms. Though she has depositxedli as sum of Rs.3,000/- at the Court, the same may not be sufficient "to-.i'_compens'ate the inconvenience caused to the respondertfil 'Therefore, the petitioner shall pay sum of Rs.2,000/- as costs to the a._Ar_es--pondent on the next date of hearing before the ...t--rail court. The respondent would be entitled to V withdraw Rs.3,000/-, which is deposited before the 3 *§5I-
Court. Subject to the same, the petitioner sléaiil. be permitted to recall the witness or to exami'n'e.l'herV¥s-elf. as a witness, if that be so, on the_..nextV'date hearing or on such other date, Court may adjourn the case, at"'i.ts'convelniencej';and_°; the petitioner shall, thereVa'ftes',_VV herself in accordance with hlyllvvthe trial Court, failing which,,,,it,:'_wo.t;ViAdL for the trial Court to discretion and in the inter_est_'iQ_f it These_petilti*o'ns"'»sta'nd disposed of with the abo\fe"directions'; V'Annexures 'D' and 'D1' are quashed.
Sd/3 JUDGE SUEW8