Karnataka High Court
Sri Dinesh vs Smt Yashodhamma on 29 November, 2021
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 7986/2021 (GM-CPC)
BETWEEN :
SRI. DINESH
S/O CHANDREGOWDA
AGE ABOUT 50 YEARS
R/AT BIKKODU VILLAGE AND HOBLI,
BELURU TALUK
HASSAN DISTRICT - 573 215.
... PETITIONER
(BY SRI. BASAVANNA M D, ADVOCATE)
AND :
1. SMT YASHODHAMMA
D/O CHANDREGOWDA
W/O BHAGYARAJ
AGED ABOUT 47 YEARS
R/AT KARJUVALLI VILLAGE
ALURU TALUK, HASSAN DISTRICT - 573 213.
2. SRI CHNADREGOWDA
S/O LATE PUTTASWAMYGOWDA
AGE ABOUT 75 YEARS
R/AT BIKKODU VILLAGE AND HOBLI,
BELURU TALUK
HASSAN DISTRICT - 573 215.
3. SMT SHIVAMMA
W/O CHANDREGOWDA
AGE ABOUT 68 YEARS
2
R/AT BIKKODU VILLAGE AND HOBLI
BELURU TALUK
HASSAN DISTRICT - 573 215.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER PASSED IN O.S.NO.27/2018 DATED 8.2.2021
ON THE FILE SENIOR CIVIL JUDGE, BELURU, HASSAN
DISTRICT BY ALLOWING APPLICATION FILED UNDER
SECTION 10 OF CODE OF CIVIL PROCEDURE WHICH IS
PRODUCED UNDER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioner, who is the second defendant in
O.S.No.27/2018 on the file of the Senior Civil Judge,
Beluru (for short, 'the civil Court'), has impugned the
civil Court's order dated 08.02.2021. The civil Court by
this impugned order has rejected the petitioner's
application under Section 10 of the Code of Civil
Procedure, 1908 (for short, 'the CPC') refusing to stay
the proceedings in the suit.
2. The undisputed facts are that the first
respondent is the petitioner's sister and the other
respondents are their parents. The first round of
litigation is between the father and son, and the present
suit is the second round of litigation commenced by the
first respondent in O.S.No.27/2018 for partition of
different immovable properties listed in the plaint which
includes the land in Sy.No.19 (measuring 4 acres) of
Somanahalli Village and land in Sy.No.24/2 (measuring
2 acres 8 guntas) of Chikkabikkodu Village. The lands
are in Bikkodu Hobli and Beluru Taluk.
3. The second respondent [the father] has filed
the earlier suit in O.S.No.74/2013 on the file of the Civil
Judge, Beluru against the petitioner [the son] for
declaration of title and permanent injunction as regards
the aforesaid lands in Sy.Nos.19 and 24/2. This suit is
dismissed by the judgment and decree dated
01.09.2016 and is also confirmed in the first appeal in
R.A.No.44/2016. However, the appeal as against these
judgments is pending before this Court in
R.S.A.No.1409/2019.
4. The first respondent - the plaintiff in the
present suit is examined as PW.1, and this suit is set
down for her cross examination. It is at this stage that
the petitioner has filed his application under Section 10
of CPC for staying of the suit until the disposal of the
appeal in R.S.A.No.1409/2019. The civil Court has
rejected this application after referring to the aforesaid
circumstances for the twin reasons that (i) the subject
matter of the present suit is not the same as the subject
matter of the earlier proceedings pending in appeal
before this Court in R.S.A.No.1409/2019 because there
are other properties in the present suit and (ii) the first
respondent, who is the plaintiff, is not a party to the
earlier proceedings.
5. The civil Court in citing these reasons as in
effect referred to the larger questions that would arise
for consideration in the present suit, and this Court is
not persuaded to interfere with the impugned order.
However, this Court must observe that if there is any
finding in favour of the petitioner in the earlier
proceedings, he could avail the advantage of such
finding.
The petition stands disposed of accordingly.
SD/-
JUDGE
RB
