Karnataka High Court
Sri. K. Yogesh S/O Rama Reddy vs Sri. G. Basappa S/O Late Kallappa on 30 March, 2022
Bench: Suraj Govindaraj
-1-
CP No. 100069 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL PETITION NO. 100069 OF 2020 (-)
BETWEEN:
SRI. K. YOGESH S/O RAMA REDDY
AGE:50 YEARS, OCC: AGRICULTURE,
R/O PLOT NO.34,
SPICE TOWER HOUSE,
OPP: DURUGAMMA TEMPLE,
PATEL NAGAR, BALLARI-583101,
TQ and DIST: BALLARI
...PETITIONER
(BY SRI. H R DESHPANDE & SMT. USHA H. DESHPANDE,
ADVOCATES)
AND:
1. SRI. G. BASAPPA S/O LATE KALLAPPA
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O: SREEDHARAGADDE VILLAGE-583103,
TQ: and DIST: BALLARI
Digitally
signed by
SHIVAKUMAR
HIREMATH
SHIVAKUMAR Location:
2. SRI. R. BASAVARAJA S/O G. BASAPPA
HIREMATH Dharwad
Date:
2022.04.01
14:15:20
AGE:47 YEARS, OCC: AGRICULTURE,
+0530
R/O: SREEDHARAGADDE VILLAGE-583103,
TQ: and DIST: BALLARI
3. SRI. R. KALYANAGOUDA
S/O G. BASAPPA
AGE:45 YEARS, OCC: AGRICULTURE,
R/O: SREEDHARAGADDE VILLAGE-583103,
TQ: and DIST: BALLARI
4. SRI. R. RAJASHEKARA S/O G. BASAPPA
-2-
CP No. 100069 of 2020
AGE:41 YEARS, OCC: SERVICE
R/O: SREEDHARAGADDE VILLAGE-583103,
TQ: and DIST: BALLARI
5. SRI. S. DODDA BASAPPA
S/O SANNAKAKI SHIVAPPA
AGE:47 YEARS, OCC: AGRICULTURE
R/O: SREEDHARAGADDE VILLAGE-583103,
TQ: and DIST: BALLARI
...RESPONDENTS
(BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1 TO R4;
SRI. S. B. PATIL, ADVOCATE FOR R5)
---
THIS CIVIL PETITON IS FILED U/SEC.24 OF CPC,
PRAYING TO WITHDRAW AND TRANSFER THE R.A.NO.
08/2020 FROM THE FILE OF THE HONBLE DISTRICT JUDGE,
BALLARI TO THE HONBLE HIGH COURT OF KARNATAKA AT
DHARWAD FOR CLUBBING AND DISPOSING OFF THE SAME
ALONG WITH RFA NO.100261/2020, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following
relief:
"To withdraw and transfer the R.A.No. 08/2020 from
the file of the Hon'ble District Judge, Ballari to the
Hon'ble High Court of Karnataka at Dharwad for
clubbing and disposing of the same along with RFA
No.100261/2020, in the interest of justice and equity".
CP No. 100069 of 2020
2. O.S.No.53/2013 had been filed before the I Addl. Senior Civil
Judge, Ballari, for declaration that the G.P.A. dated
10.08.2008 as null and void. O.S.No.66/2013 was filed
before the I Addl. Senior Civil Judge for specific performance
of contract. Both the suits were clubbed together and came
to be disposed of by a common judgment on 26.11.2019.
3. Being aggrieved by the judgment and decree in
O.S.No.66/2013, since value of the property was
Rs.16,00,000/-, the petitioner preferred RFA
No.100261/2020 before this Court. However, since the value
of the relief sought for in O.S.No.53/2013 was less than the
pecuniary jurisdiction of this Court, Regular Appeal
No.8/2020 has been filed before the District Judge, Ballari.
Now, the petitioner is before this Court seeking for the
aforesaid relief so that common arguments are heard and a
common judgment is passed, since earlier also there was a
common judgment passed in both the suits.
4. There is no particular objection on the part of counsel for
respondents No.1 to 4 and 5.
CP No. 100069 of 2020
5. Considering that there could be possibility of different views
in two different matters which are pending before two
different forums, I am of the opinion that the petition is
required to be allowed. Hence I pass the following:
ORDER
a. Writ petition is allowed.
b. RA No.8/2020 pending on the file of the District
Judge, Ballari, is withdrawn and transferred to this
Court to be clubbed with RFA No.100261/2020.
c. Registry is directed to secure the records in RA
No.8/2020 at the earliest.
Sd/-
JUDGE
gab
