- 1 - HC-KAR NC: 2025:KHC-D:8311 RP No. 100041 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO.100041 OF 2025 BETWEEN: KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI-580 025, REP. BY ITS REGISTRAR. … PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. NANDKUMAR S/O DAMODAR NAIDU, AGE: 65 YEARS, OCC: BUSINESS, R/O: MANJUNATH NILAYA, SAI NAGAR, UNKAL, HUBBALLI, DIST: DHARWAD-580 001. 2. HUBBALLI DHARWAD MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, LAMINGTON ROAD, HUBBALLI-580 020. … RESPONDENTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE FOR R1; R2-DISPENSED WITH AS PER ORDER DATED 24.06.2025) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE (1) OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED 20.01.2025 PASSED IN MSA NO.100021 OF 2021 BY THIS HON’BLE COURT IN SO FAR AS IT RELATES TO IMPOSING COST OF RS.1,00,000/-. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8311 RP No. 100041 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This Review Petition is filed by the 2nd respondent/review petitioner-Karnataka State Law University, praying to review the order dated 20.01.2025, so far as imposition of cost of Rs.1,00,000/- and to waive the cost. 2. This Court, on 20.01.2025, has dismissed the appeal with costs of Rs.1,00,000/- payable by the review petitioner-Karnataka State Law University to respondent No.1 (herein). The reason for the imposition of cost is that in the suit, the Karnataka State Law University has not filed written statement even after lapse of 5 years and in this Miscellaneous Second Appeal also, though the notice has been served on the petitioner-Karnataka State Law University, but did not appear. Therefore, for this attitude of the Karnataka State Law University, though the order passed by the First Appellate Court is not required to be set aside, but the imposition of cost of Rs.1,00,000/-, - 3 - HC-KAR NC: 2025:KHC-D:8311 RP No. 100041 of 2025 considering the attitude of the officials of the Karnataka State Law University, was observed in the order passed by this Court. 3. Learned counsel for the review petitioner- University submitted that in this miscellaneous second appeal notice was not served therefore, the University did not appear. However, upon perusal of the records in this miscellaneous second appeal and upon perusal of the postal acknowledgment, a signature is found, indicating that the consignment was received. Further, the postal record also reveals that the item was delivered and delivery was confirmed. Therefore, the notice was served on the petitioner-Karnataka State Law University only in the second appeal. Hence, the grounds urged in the memorandum of the review petition are not correct. 4. However, this review petition is only confined to on the imposition of cost. The petitioner is Karnataka State Law University and therefore, considering this fact and the - 4 - HC-KAR NC: 2025:KHC-D:8311 RP No. 100041 of 2025 request made by the learned counsel for the review petitioner, the Court is of the opinion to reduce the quantum of cost. Therefore, the order, so far as the imposition of cost is concerned, is modified and cost of Rs.10,000/- is imposed. Therefore, the cost imposed of Rs.1,00,000/- is reduced to Rs.10,000/-. 5. With this order, the order passed in the miscellaneous second appeal is modified only to this extent, without touching upon other observations made in the order. 6. In the result, I proceed to pass the following: ORDER i. The Review petition is allowed-in-part. ii. The order dated 20.01.2025 passed in MSA No100021/2021 by this Court is modified only to the extent that the petitioner/University shall pay costs of - 5 - HC-KAR NC: 2025:KHC-D:8311 RP No. 100041 of 2025 Rs.10,000/- instead of Rs.1,00,000/- to respondent No.1 (herein). iii. Other observations in the order are not altered. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 8