Karnataka High Court

Sri D Jayasheelan vs Sri Ramanujam on 22 June, 2022

Bench: Sachin Shankar Magadum

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND DAY OF JUNE, 2022

                         BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

        WRIT PETITION NO.4937     OF 2018 (GM-CPC)
                         C/W
        WRIT PETITION NO.4934     OF 2018 (GM-CPC)
        WRIT PETITION NO.4935     OF 2018 (GM-CPC)
        WRIT PETITION NO.4936     OF 2018 (GM-CPC)
                         AND
        WRIT PETITION NO.4938     OF 2018 (GM-CPC)


IN WRIT PETITION NO.4937/2018

BETWEEN:

SRI NABI RASOOL
S/O M IBRAHIM BASHA SAB
AGED ABOUT 37 YEARS
RESIDING AT
DOOR NO.836
AVALAPPA BLOCK
CHAMUNDI NAGARA
R T NAGARA
BENGALURU-560 032

                                        ...PETITIONER

(BY SRI.SURESH BABU B.N., ADVOCATE)

AND

1.     SRI RAMANUJAM
       S/O LATE KANNAN
                         2



     AGED ABOUT 79 YEARS

2.   SRI NAMBIRAJAN
     S/O LATE KANNAN
     AGED ABOUT 73 YEARS

3.   SRI PURUSHOTHMAN
     S/O LATE KANNAN
     AGED ABOUT 71 YEARS

4.   SRI NARAYANAN
     S/O LATE KANNAN
     AGED ABOUT 69 YEARS

     RESPONDENT NOS.1 TO 4

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

SRI.BALARAMAN DEAD REPRESENTED BY HIS LRS.,

5. SMT.PREMA W/O LATE BALARAMAN AGED ABOUT 62 YEARS

6. SMT ROOPA W/O SELVAKUMAR D/O LATE BALARAMAN AGED ABOUT 36 YEARS

7. KUM PAVITHRA D/O LATE BALARAMAN AGED ABOUT 34 YEARS

8. SMT PREETHI W/O MANOJ LOGANATHAAN D/O LATE BALARAMAN AGED ABOUT 34 YEARS

9. KUM VIDYA D/O LATE BALARAMAN AGED ABOUT 26 YEARS

ARE RESIDING AT NO.1287 PIPE LINE, 2ND CROSS ROAD ROBERTSONPET, K.G.F. 563 121

10. SRI BHAKTHAVATSALAM S/O LATE KANNAN AGED ABOUT 54 YEARS

11. SRI PADMANABHAN S/O LATE KANNAN AGED ABOUT 52 YEARS

12. SRI MURALIKRISHNA S/O LATE KANNAN AGED ABOUT 50 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK-563 121

.....RESPONDENTS

(BY SRI.JAGAN BABU S, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2017 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.339/2012 BY DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE - E AND ETC.,

IN WRIT PETITION NO.4934/2018

BETWEEN:

SMT.C.JYOTHI W/O LATE C.KUPPUDU AGED ABOUT 55 YEARS RESIDING AT ESWAR TEMPLE STREET AMARAVATHI NILAYAM OORGUM PET ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

...PETITIONER

(BY SRI.SURESH BABU B.N., ADVOCATE)

AND

1. SRI RAMANUJAM S/O LATE KANNAN AGED ABOUT 79 YEARS

2. SRI NAMBIRAJAN S/O LATE KANNAN AGED ABOUT 73 YEARS

3. SRI PURUSHOTHMAN S/O LATE KANNAN AGED ABOUT 71 YEARS

4. SRI NARAYANAN S/O LATE KANNAN AGED ABOUT 69 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

SRI.BALARAMAN DEAD REPRESENTED BY HIS LRS.,

5. SMT.PREMA W/O LATE BALARAMAN AGED ABOUT 62 YEARS

6. SMT ROOPA W/O SELVAKUMAR D/O LATE BALARAMAN AGED ABOUT 36 YEARS

7. KUM PAVITHRA D/O LATE BALARAMAN AGED ABOUT 34 YEARS

8. SMT PREETHI W/O MANOJ LOGANATHAAN D/O LATE BALARAMAN AGED ABOUT 34 YEARS

9. KUM VIDYA D/O LATE BALARAMAN AGED ABOUT 26 YEARS

ARE RESIDING AT NO.1287

PIPE LINE, 2ND CROSS ROAD ROBERTSONPET, K.G.F. 563 121

10. SRI BHAKTHAVATSALAM S/O LATE KANNAN AGED ABOUT 54 YEARS

11. SRI PADMANABHAN S/O LATE KANNAN AGED ABOUT 52 YEARS

12. SRI MURALIKRISHNA S/O LATE KANNAN AGED ABOUT 50 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK-563 121

.....RESPONDENTS

(R.2 TO R.12 SERVED AND UNREPRESENTED; NOTICE TO R.1 IS H/S V/O/D 21.10.2021)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2017 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.335/2012 BY DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE - E AND ETC.,

IN WRIT PETITION NO.4935/2018

BETWEEN:

SRI.D.JAYASHEELAN S/O DAVID AGED ABOUT 63 YEARS DOOR NO.57 BEHIND H.J.R SWARNA MAHAL KATHIHALLI VILLAGE, BEML NAGAR POST ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

...PETITIONER

(BY SRI.SURESH BABU B.N., ADVOCATE)

AND

1. SRI RAMANUJAM S/O LATE KANNAN AGED ABOUT 79 YEARS

2. SRI NAMBIRAJAN S/O LATE KANNAN AGED ABOUT 73 YEARS

3. SRI PURUSHOTHMAN S/O LATE KANNAN AGED ABOUT 71 YEARS

4. SRI NARAYANAN S/O LATE KANNAN AGED ABOUT 69 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST

VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

SRI.BALARAMAN DEAD REPRESENTED BY HIS LRS.,

5. SMT.PREMA W/O LATE BALARAMAN AGED ABOUT 62 YEARS

6. SMT ROOPA W/O SELVAKUMAR D/O LATE BALARAMAN AGED ABOUT 36 YEARS

7. KUM PAVITHRA D/O LATE BALARAMAN AGED ABOUT 34 YEARS

8. SMT PREETHI W/O MANOJ LOGANATHAAN D/O LATE BALARAMAN AGED ABOUT 34 YEARS

9. KUM VIDYA D/O LATE BALARAMAN AGED ABOUT 26 YEARS

ARE RESIDING AT NO.1287 PIPE LINE, 2ND CROSS ROAD ROBERTSONPET, K.G.F. 563 121

10. SRI BHAKTHAVATSALAM S/O LATE KANNAN AGED ABOUT 54 YEARS

11. SRI PADMANABHAN S/O LATE KANNAN AGED ABOUT 52 YEARS

12. SRI MURALIKRISHNA S/O LATE KANNAN AGED ABOUT 50 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK-563 121

.....RESPONDENTS

(R.1 TO 3 AND R.5 TO R.12 ARE SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2017 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.333/2012 BY DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE - E AND ETC.,

IN WRIT PETITION NO.4936/2018

BETWEEN:

SRI.G.ANNAMALAI S/O LATE GOUNDAPPA AGED ABOUT 73 YEARS RESIDING AT DOOR NO.8-194 BHARAT NAGAR

B.E.M.L NAGAR POST ROBERTSONPET HOBLI BANGARPET TALUK - 563 115

...PETITIONER

(BY SRI.SURESH BABU B.N., ADVOCATE)

AND

1. SRI RAMANUJAM S/O LATE KANNAN AGED ABOUT 79 YEARS

2. SRI NAMBIRAJAN S/O LATE KANNAN AGED ABOUT 73 YEARS

3. SRI PURUSHOTHMAN S/O LATE KANNAN AGED ABOUT 71 YEARS

4. SRI NARAYANAN S/O LATE KANNAN AGED ABOUT 69 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

SRI.BALARAMAN DEAD REPRESENTED BY HIS LRS.,

5. SMT.PREMA W/O LATE BALARAMAN

AGED ABOUT 62 YEARS

6. SMT ROOPA W/O SELVAKUMAR D/O LATE BALARAMAN AGED ABOUT 36 YEARS

7. KUM PAVITHRA D/O LATE BALARAMAN AGED ABOUT 34 YEARS

8. SMT PREETHI W/O MANOJ LOGANATHAAN D/O LATE BALARAMAN AGED ABOUT 34 YEARS

9. KUM VIDYA D/O LATE BALARAMAN AGED ABOUT 26 YEARS

ARE RESIDING AT NO.1287 PIPE LINE, 2ND CROSS ROAD ROBERTSONPET, K.G.F. 563 121

10. SRI BHAKTHAVATSALAM S/O LATE KANNAN AGED ABOUT 54 YEARS

11. SRI PADMANABHAN S/O LATE KANNAN AGED ABOUT 52 YEARS

12. SRI MURALIKRISHNA S/O LATE KANNAN AGED ABOUT 50 YEARS

ARE RESIDING AT

MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK-563 121

.....RESPONDENTS

(NOTICE TO R.1 IS H/S V/O/D 21.10.2021; R.2 TO 12 ARE SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2017 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.373/2012 BY DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE - E AND ETC.,

IN WRIT PETITION NO.4938/2018

BETWEEN:

SRI.S.ABDUL ALEEM S/O SHAIK IMAM SAHIB AGED ABOUT 67 YEARS RESIDING AT AYESHA MANZIL BEHIND GOVERNMENT URDU SCHOOL OORGUAM PET ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

...PETITIONER

(BY SRI.SURESH BABU B.N., ADVOCATE)

AND

1. SRI RAMANUJAM S/O LATE KANNAN AGED ABOUT 79 YEARS

2. SRI NAMBIRAJAN S/O LATE KANNAN AGED ABOUT 73 YEARS

3. SRI PURUSHOTHMAN S/O LATE KANNAN AGED ABOUT 71 YEARS

4. SRI NARAYANAN S/O LATE KANNAN AGED ABOUT 69 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK - 563 121

SRI.BALARAMAN DEAD REPRESENTED BY HIS LRS.,

5. SMT.PREMA W/O LATE BALARAMAN AGED ABOUT 62 YEARS

6. SMT ROOPA W/O SELVAKUMAR D/O LATE BALARAMAN AGED ABOUT 36 YEARS

7. KUM PAVITHRA D/O LATE BALARAMAN AGED ABOUT 34 YEARS

8. SMT PREETHI W/O MANOJ LOGANATHAAN D/O LATE BALARAMAN AGED ABOUT 34 YEARS

9. KUM VIDYA D/O LATE BALARAMAN AGED ABOUT 26 YEARS

ARE RESIDING AT NO.1287 PIPE LINE, 2ND CROSS ROAD ROBERTSONPET, K.G.F. 563 121

10. SRI BHAKTHAVATSALAM S/O LATE KANNAN AGED ABOUT 54 YEARS

11. SRI PADMANABHAN S/O LATE KANNAN AGED ABOUT 52 YEARS

12. SRI MURALIKRISHNA S/O LATE KANNAN AGED ABOUT 50 YEARS

ARE RESIDING AT MELKRISHNAPURAM VILLAGE PEDDAPALLI POST VIA OORGAUMPET ROBERTSONPET HOBLI BANGARPET TALUK-563 121

.....RESPONDENTS

(COPY SERVED ON SRI.SRINATH N.S., ADVOCATE FOR RESPONDENTS V/O/D 06.03.2018)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2017 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.337/2012 BY DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE - E AND ETC.,

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

These batch of captioned writ petitions are filed

questioning the common order, wherein the learned

Judge has clubbed all the suits and has directed the

parties to lead common evidence in O.S.No.333/2012.

Pursuant to the clubbing all the suits, it is contended

by the petitioners in these batch of writ petitions that

the learned Judge is insisting to lead ocular evidence

by one of the plaintiff more particularly in

O.S.No.333/2012. The grievance of the petitioners is

that they have filed separate suits and they have