Efficient adjudication and management of related lawsuits, timely resolution of income management, and operation of business with specified conditions

JUDGMENT

1. All these writ petitions between the same parties were clubbed together by a Co-ordinate Bench of this Court for consideration, since common questions of law & facts have been involved. Both the sides having argued the matter at length are broadly in agreement with the suggestion of this Court to the following effect:

(i) The proceedings in O.S.No.588/2018 and O.S.No.54/2019, both pending on the file of learned Sr. Civil Judge at Mysore and the proceeding in O.S.No.157/2021 pending on the file of learned Sr. Civil Judge at Anekal, be clubbed and tried together by the Court of same Sr. Civil Judge at Mysore and for that purpose the suit in O.S.No.157/2021 be transferred to that court;

(ii) The pleadings in all the three suits should be completed forthwith and that the issues arising therefrom should be framed post-haste and further that the common evidence of all the parties be expeditiously recorded and further that all the suits should be heard and disposed off by the learned Sr. Civil Judge at Mysore within an outer limit of six months and further more that a compliance report be filed with the Registrar General of this Court; all contentions of the parties are kept open.

(iii) The income accruing from one of the suit properties namely the Petrol Bunk in question shall be subject to submission of a fortnightly true and correct account at the hands of respondent No.2 and that the said respondent shall deposit with the Mysore Court 35% of the gross income cumulatively accruing from the said Petrol Bunk once in fifteen days, without fail; while computing the said 35%, the expenses incurred for the said business shall not be deducted;

(iv) It is open to the petitioners to seek release of the accumulated 35% of the income as aforesaid every month at the hands of the Mysore Court by furnishing a Bank Guarantee therefor; the periodic deposit as directed above and its release shall be subject to the outcome of suit proceedings.

(v) The business of the Petrol Bunk shall be carried on by respondent No.2 subject to outcome of the suits and for that purpose, he can enter into the dealership agreements, their renewal and such other arrangements which are required to be done in due course of the business. Ordered accordingly and all the writ petitions are disposed off; the observations hereinabove made shall not influence the suit proceedings in any way. Costs made easy.