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2017 DIGILAW 1522 (KAR)

Mahendra Karle v. Annabel Larocque, Major, Thailand

2017-11-15

B.VEERAPPA

body2017
JUDGMENT : 1. The petitioner - plaintiff is before this Court for a writ of mandamus directing the trial Court to post O.S. No.4897/2009 on 14.12.2017 for reporting settlement or for cross-examination of PW.1. 2. Sri Shashikiran Shetty, learned senior counsel appearing for the petitioner - plaintiff submits that by the impugned order, the trial Court allowed I.A. Nos.23 and 24 filed by the plaintiff for recalling PW.1 for cross-examination imposing costs of Rs.4,000/- and adjourned the matter to 15.11.2017 (today) for cross-examination of PW.1 and defendants' evidence. He also submits that costs of Rs.4,000/- is also paid. 3. Sri Christopher .E, learned counsel appears for the respondents and does not dispute the submissions of learned senior counsel appearing for the petitioner. 4. Learned counsel for the parties to the lis submits that they have filed joint memo before the trial Court on 14.11.2017 (Yesterday), which reads as under: "The parties are discussing to put a quietus to the above matter. Under the circumstances, it is jointly prayed by the parties that the above case may be posted on 14.12.2017, in the interest of justice and equity." 5. Learned senior counsel appearing for the petitioner submits that inspite of filing the joint memo, the learned trial Judge proceeded to adjourn the matter to 15.11.2017 (today) for cross-examination of PW.1 and defendants' evidence and on 15.11.2017 (today), it is adjourned to 16.11.2017 (tomorrow) for further evidence. The same is not disputed by Sri Christopher. E., learned counsel for the respondents - defendants. When parties to the lis want to settle the dispute between them amicably, the Court should not be an obstructer for the settlement between the parties, that too in view of the provisions of Section-89 of Code of Civil Procedure. 6. Both the parties submit that the trial Court may be directed to post the matter on 14th December 2017 as per the joint memo dated 14.11.2017 to enable the parties to resolve the dispute between them amicably and report settlement. 7. The submissions made by learned counsel for the parties are placed on record. 8. In view of the above, the trial Court is directed to post the present suit on 14th December 2017 as per the joint memo filed by the parties to enable the parties to resolve the dispute between them amicably and report settlement. Accordingly, the writ petition is disposed of.