Karnataka High Court
Sri K N Rajagopal vs Sri K N Nagaraju on 2 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:24578
CP No. 171 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
CIVIL PETITION NO. 171 OF 2024
BETWEEN:
1. SRI K N RAJAGOPAL
S/O LATE B K NARAYANSWAMY
AGED ABOUT 59 YEARS
2. SRI K N RAJKUMAR
S/O LATE B K NARAYANASWAMY
AGED ABOUT 51 YEARS
3. SRI K N SATHISH
S/O LATE B K NARAYANSWAMY
AGED ABOUT 47 YEARS
ALL ARE R/AT KEMPALINGAPURA VILLAGE
KASABA HOBLI, DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110.
...PETITIONERS
(BY SRI.R S RAVI, SERNIOR COUNSEL FOR
Digitally signed by SRI. CHANDRAPPA V.,ADVOCATE)
PRAJWAL A
AND:
Location: HIGH
COURT OF
KARNATAKA 1. SRI K N NAGARAJU
S/O LATE B N NRAYANASWAMY
AGED ABOUT 69 YEARS
RESIDING AT KEMAPLINGAPURA VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BEGNALURU RURAL DISTICT 562110.
2. SMT RATHNAMMA
D/O LATE B K NARAYANASWAMY
AGED ABOUT 67 YEARS
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CP No. 171 of 2024
R/AT MAHADEVAKODIGEHALLI VILLAGE
BAGALURU POST, YELAHANKA TALUK
BENGALURU 562149.
3. SMT PADMAMMA
D/O LATE B K NARAYANASWAMY
AGED ABOUT 59 YEARS
RESIDING AT MEENAKUNTE HOSUR
DODDAJALA, YELANAKA TALUK
BEGNALURU 562157.
4. SMT BACHAMMA
S/O LATE B K NARAYANASWAMY
W/O SRI PATALAPPA
AGED ABOUT 56 YEARS
R/AT NO.2, ANJANEYA TEMPLE STREET
SADENAHLLI, BENGALURU NORTH TALUK
BENGALURU-562110.
5. SMT LALITHAMMA
D/O LATE B K NARAYANASWAMY
W/O SRI MUNIRAJU
AGED ABOUT 56 YEARS
R/AT ALAPPANAHALLI VILLAGE
LOKKONDANAHALLI VILLAGE
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT 562114.
6. SMT MANJULA K N
D/O LATE B K NARAYANASWAMY
W/O SRI G N SRINVIAS
AGED ABOUT 48 YEARS
RESIDING AT NO 128
MELURU VILLAGE, SIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT 562102.
7. MAGNOLIA TOWNSHIP PROMOTERS PVT LTD
AT NO 1005, 1006
PRESTIGE MERIEDIAN 1
M G ROAD, BENGALURU 560001
REP BY ITS DIRECTOR
MR D RAVINDRANATH
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CP No. 171 of 2024
8. MR P H HANUEMGOWDA
S/O LATE K HAMANTHARAYAPPA
R/AT POOJANAHALLI VILALGE
KANNAMANGLA POST
KASABA HOBLI, DEVANAHALLI TALUK
BEGNALURU RURAL DISTRICT 562110.
9. SMT MEGHANA CHANDRA REDDY
D/O NARAYANA CHANDRA REDDY
AGED ABOUT 30 YEARS
R/AT NO 17 30TH MAIN
BTM LAYOUT 2ND STAGE
BANGALORE -560076.
10. SRI PARVATHENENI RATHNA KUMAR
S/O VENKKATA SUBBA RAO
AGED ABOUT 71 YEARS
R/AT NO 66 HAL III STAGE
NEW THIPPASANDRA
BANGALORE CITY-560075.
11. SRI S V RAMANA BABU
S/O SRI SRIRAM BABU
AGED ABOUT 63 YEARS
RESIDING AT JAKKUR PLANTAITON
BESIDE AERODROME
RENAISSANCE EXOTICA BLOCK B
FLAT NO 303, YELAHANKA
BANGALORE 560064.
12. MR SUNIL NARAYAN
S/O N K NARAYAN
AGED ABOUT 62 YEARS
R/AT NO 263, 4TH MAIN ROAD
MAHALAKSHMI LAYOUT
BANGALORE-560086.
13. MR S RAVICHANDRA
S/O A SUGAVANAM
AGED ABOUT 65 YEARS
RESIDING AT NO 22
AECS LAYOUT III CROSS
-4-
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CP No. 171 of 2024
1ST STAGE RMV II
BANGALORE 560094.
14. M/S SCOTTS INDIA PRIVATE LIMITED
HAVNIG ITS OFFICE AT NO A6
QUTUB HOTEL, SHAHEED JEET SINGH MARG
NEW DELHI 110016
REP. BY MR KOSHY VEGHESE.
15. M/S RENAISSANCE HOLDINGS AND
DEVELOPERS PRIVATE LIMITED
HAVING ITS REG. OFFICE AT NO 12
18TH CROSS, 6TH MAIN
MALLESHWARAM
BANGALORE 560055
REP. BY ITS DIERCTOR MR S N RAMANJ.
16. M/S SOBHA DEVELOPERS LIMITED
HAVING ITS OFFICE AT SOBHA
NO 51/5, SARJAPAURA
MARATHAHALLI OUTER RING ROAD (ORR)
DEVARABEESANAHALLI
BELLANDURU POST
BANGALORE 560103
REP. BY ITS AUTHORISED REPRSENTAIVE
MR N B ASHOK KUMAR.
17. SMT HANUMAKKA
W/O BASAPPA
AGED ABOUT 75 YEARS
THIMMEGOUDANAHLLI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110.
18. SRI A PRAKASH
S/O THIMEGOWDA
AGED ABOUT 58 YEARS
RESIDING AT NIDAGHATTA VILLAGE
ATHAUGURU HOBLI, MADDUR TALUK
MADNYA DISTRICT-571433.
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CP No. 171 of 2024
...RESPONDENTS
(BY SRI.NARAYANA SWAMY C., ADVOCATE FOR R3:
SRI. VIJAYA KUMAR, ADVOCATE FOR R5:
SMT. HEMAVATHI, ADVCOATE FOR R6:
SRI. SYED KAMRUDDIN, ADVOCATE FOR R9:
NOTICE TO R7,11,13 & 14 ARE DISPENSED WITH
V/O DATED: 20.06.2024: NOTICE TO R1,2,4, 8,10 & 12
IS SERVED BUT UNREPRSENTED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC 1908, PRAYING TO PASS AON ORDER TO TRANSFER
SUITS 1. OS. NO. 333/2021 ON THE FILE OF THE II ADDL.
SENIOR CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA. 2 OS.
NO. 3302021 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE AND JMFC AT CHIKKABALLAPURA. 3 OS. NO. 337/2021
ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC
AT CHIKKABALLAPURA. AND 4. OS. NO. 313/2021 ON THE FILE
OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT
CHIKKABALLAPURA. TO THE COURT OF PRL. SENIOR CIVIL
JMFC, DEVANAHALLI AND CULB ABOVE SUITS ALONG WITH
1. OS.NO. 742/2021 ON THE FILE OF THE IIIADDL. SENIOR
CIVIL JUDGE AND JMFC AT DEVANAHALLI, 2. OS.NO. 845/2021
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT
DEVANAHALLI, 3. OS.NO. 747/2021 ON THE FILE OF THE
IADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, 4.
OS.NO. 867/2021 ON THE FILE OF THE I ADDL. SENIOR CIVIL
JUDGE AND JMFC AT DEVANAHALLI, 5. OS.NO. 761/2021 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT
DEVANAHALLI, 6. OS.NO. 889/2021 ON THE FILE OF THE
IIIADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, 7.
OS.NO. 724/2021 ON THE FILE OF THE IIIADDL. SENIOR CIVIL
JUDGE AND JMFC AT DEVANAHALLI AND 8. OS.NO. 836/2021
ON THE FILE OF THE IIIADDL. SENIOR CIVIL JUDGE AND JMFC
AT DEVANAHALLI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CP No. 171 of 2024
ORDER
1. The petitioners are the defendants in the suits filed by respondent Nos.3 to 6. Respondent Nos.3 to 6 filed different suits for partition and separate possession. They have filed some of the suits in Chikkaballapura Court and some of them have been filed in Devanahalli Court. The petitioners have filed the present petition seeking for clubbing of all the suits and transfer the same from the Chikkaballapura Court to Devanahalli Court. Respondent Nos.3 to 6 filed totally 12 suits for partition and separate possession. Out of which, 8 suits are pending before the Devanahalli Court and remaining four suits are pending before the Chikkaballapura Court.
2. The learned counsel for the petitioners has contended that respondent No.3-Padmamma filed one suit in Chikkaballapura Court and two suits in Devanahalli Court. Respondent No.4-Bachamma filed one suit in Chikkaballapura Court and two suits in Devanahalli Court. Respondent No.5-Lalithamma filed two suits in Devanahalli -7- NC: 2024:KHC:24578 CP No. 171 of 2024 Court and one suit in Chikkaballapura Court. Respondent No.6-Manjula filed two suits in Devanahalli Court and one suit in Chikkaballapura Court. If the suits filed in Chikkaballapura Court is transferred to Devanahalli Court, it is convenient for all the parties including the respondents-plaintiffs to prosecute the case. Hence, he sought for allowing the petition.
3. Learned counsel appearing for the respondents- plaintiffs has contended that since some of the properties are situated in Devanahalli and some of the properties are situated in Chikkaballapura, the plaintiffs filed the suits on the basis of the territorial jurisdiction. In support of his contention, he has relied upon the judgments of Hon'ble Apex Court in Transfer petition (Civil) No.2664/2023, (1946) 1 MLJ 310 and AIR 2006 SC 646 and contended that the suit has to be filed, where the properties are situated. Hence, he sought for dismissal of the petition. -8-
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4. In this case, all the suits are filed for partition and separate possession. Some of the properties are situated in Devanahalli and some of them are situated in Chikkaballapura. The parties to the suits are common and the suits are filed for partition and separate possession. If the suits filed in Chikkaballapura Court is transferred to the Devanahalli Court, it is convenient for all the parties even to the respondents-plaintiffs to prosecute the suits. Therefore, the civil petition deserves to be allowed.
5. Accordingly, the following order is passed:
ORDER
a) The civil petition is allowed.
b) The case in O.S.No.333/2021 pending on the file of the II Additional Senior Civil Judge, Chikkaballapura is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.
c) The case in O.S.No.330/2021 pending on the file of the II Additional Senior Civil Judge, Chikkaballapura -9- NC: 2024:KHC:24578 CP No. 171 of 2024 is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.
d) The case in O.S.No.327/2021 pending on the file of the II Additional Senior Civil Judge, Chikkaballapura is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.
e) The case in O.S.No.313/2021 pending on the file of the Principal Senior Civil Judge, Chikkaballapura is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.
f) The transferor Court is hereby directed to transmit the entire records to the transferee Court.
g) The transferee Court after hearing the parties is directed to dispose of the said cases as expeditiously as possible and in accordance with law.
Sd/-
JUDGE HA List No.: 1 Sl No.: 7