SUHAS P. Vs. THANGAMANI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the respondent.

(2.) This revision petition is filed challenging the order dtd. 21/12/2021 passed in Misc.No.601/2017 on the file of the IX Additional City Civil and Sessions Judge, C/c. I Additional City Civil and Session Judge, Bengaluru, (CCH.No.2), allowing the petition filed under Order 9, Rule 13 of CPC imposing cost of Rs.5,000.00 by the Trial Court.

(3.) The learned counsel for the petitioner would vehemently contend that suit in O.S.No.6528/2016 was filed in 2016 and miscellaneous petition was filed in 2017 and inspite of service of notice, the respondent did not bother to appear before the Court and only with an intention to protract the proceedings, the petition is filed. It is also contended that the Trial Court failed to appreciate the material on record and allowed the petition by imposing cost of Rs.5,000.00. The counsel would submit that the suit is of the year 2016 and hence, the Trial Court may be directed to dispose of the suit within a period of six months.