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2005 DIGILAW 816 (KAR)

A. M. Govinda Reddy v. Government of Karnataka

2005-12-07

CHIDANANDA ULLAL

body2005
ORDER 1. I heard the learned counsel for the petitioner, Sri. Srikanteshwar. He had taken me through the impugned judgment. After taking me through the impugned judgment, Sri. Srikanteshwar submitted that the suit of the petitioner came to be dismissed for default. 2. It occurred to me that if a reasonable cost is imposed, that will meet the ends of justice. That I do, for I am always of the view that even if there was lapse on the part of the counsel, the litigant shall not suffer for the said act of omission and commission. Therefore, I impose a cost of Rs. 10,000/- to be paid by the petitioners to the respondents-defendants. 3. Let that cost be deposited before the Court below within 10 days from this day. Subject to payment of cost well in time, the impugned order stands set aside and the suit stands restored on the file of the trial Court. 4. I further direct the petitioners to appear before the trial Court at 11.00 a.m. on 21-12-2005. 5. The C. R. P. stands allowed in the above terms. 6. The Registry is directed to forward a copy of the order herein passed to the trial Court as expeditiously as possible. 7. The learned Government Pleader, Smt. Asha Kumbaragerimath is permitted to file memo of appearance on behalf of the respondents within four weeks from this day. 8. Petition allowed.