Karnataka High Court
Sri. Muniyappa vs Sri. S. Sagar on 31 August, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:31251
CRP No. 532 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
CIVIL REVISION PETITION NO. 532 OF 2023
BETWEEN:
1. SRI. MUNIYAPPA
S/O LATE ERAPPA
AGED ABOUT 87 YEARS
R/AT NO 312, HOSAPALYA BEGUR HOBLI
BBMP WARD NO 190
BENGALURU SOUTH TALUK
BENGALURU 560102.
2. SRI M S SHANTHARAJU
S/O SRI V MUNIYAPPA
AGED ABOUT 48 YEARS
R/AT NO 315, HOSAPALYA BEGUR HOBLI
BBMP WARD NO 190
BENGALURU SOUTH TALUK
BENGALURU 560102.
Digitally signed
by
DHANALAKSHMI 3. SRI M RAMESH
MURTHY S/O SRI V MUNIYAPPA
Location: High AGED ABOUT 44 YEARS
Court of RA/T NO 316, HOSAPALYA BEGUR HOBLI
Karnataka
BBMP WARD NO 190
BENGALURU SOUTH TALUK
BENGALURU 560102.
...PETITIONERS
(BY SRI. GOLLAL SHAMBHOLINGAPPA., ADVOCATE)
AND:
1. SRI. S. SAGAR
S/O SRI C GOVINDARAJU
-2-
NC: 2023:KHC:31251
CRP No. 532 of 2023
AGED ABOUT 33 YEARS
R/AT NO 59/A, 2ND CROSS
DOMLUR LAYOUT, BENGALURU 560071.
2. SRI C GOVINDARAJU
S/O LATE CHINNAPPA REDDY
AGED ABOUT 73 YEARS
R/AT NO 59/A, 2ND CROSS
DOMLUR LAYOUT, BENGALURU 560071.
3. SMT UMA
W/O SRI C GOVINDARAJU
AGED ABOUT 63 YEARS
R/AT NO 59/A, 2ND CROSS
DOMLUR LAYOUT, BENGALURU 560071.
4. SRI G KISHORE
S/O SRI C GOVINDARAJU
AGED ABOUT 40 YEARS
R/AT NO 59/A, 2ND CROSS
DOMLUR LAYOUT, BENGALURU 560071.
...RESPONDENTS
(BY SRI. NATARAJA H T., ADVOCATE FOR R1 TO R3:
NOTICE TO R4 IS DISPENSED WITH
V/O DATED: 31.08.2023)
THIS CRP FILED UNDER SECTION 115 OF CPC, AGAINST
THE ORDER DATED:11.08.2023 PASSED IN MISC.NO.565/2023
ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, DISMISSING THE PETITION FILED UNDER
SECTION 24 OF CPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
-3-
NC: 2023:KHC:31251
CRP No. 532 of 2023
JUDGMENT
1. This petition is filed under Section 115 of CPC
challenging the order dated 11.8.2023 passed by the
Principal City Civil and Sessions Judge, Bengaluru in
Misc.No.565/2023 filed under Section 24 of CPC for
clubbing O.S.No.3142/2022 with O.S.No.2218/2023,
whereby the said petition has been dismissed by the Trial
Court.
2. Initially, the petitioners/plaintiffs had filed
O.S.No.3142/2022 for declaration before the Addl. City
Civil and Sessions Judge (CCH-16), Bangalore. Thereafter,
plaintiffs had filed a comprehensive suit in
O.S.No.2218/2023 before the Addl. City Civil and Sessions
Judge (CCH-13) for declaration and injunction. The
plaintiffs filed Misc.No.565/2023 before the Prl. City Civil
and Sessions Judge, Bangalore praying to transfer the suit
in O.S.No.3142/2022 to the court where the suit in
O.S.No.2218/2023 is pending. The Trial Court by
NC: 2023:KHC:31251
CRP No. 532 of 2023
impugned order has dismissed the said petition. Hence,
the present appeal is filed.
3. The learned counsel for the petitioners/plaintiffs
submitted that since the plaintiffs intend to prosecute the
matter in O.S.No.2218/2023, they want to withdraw the
suit in O.S.No.3142/2022. To that effect, a memo dated
31.8.2023 is filed by the learned counsel for the
petitioners before this Court.
4. The said memo dated 31.8.2023 filed by the learned
counsel for the petitioners is placed on record.
5. Accordingly, I pass the following order:
ORDER
a) The petition is disposed of.
b) The petitioners/plaintiffs are permitted to
withdraw O.S.No.3142/2022 pending on the file of
Addl. City Civil and Sessions Judge (CCH-16),
Bangalore and pursue the suit in O.S.No.2218/2023
NC: 2023:KHC:31251
CRP No. 532 of 2023
on the file of Addl. City Civil and Sessions Judge
(CCH-13), Bangalore.
c) An application under Order 39 Rules 1 and 2 of
CPC is filed in O.S.No.2218/2023 and the same is
pending. Till the said application is disposed of by the
Trial Court, the parties are directed to maintain
status-quo.
d) The Trial Court without being influenced by the
order passed by this Court in MFA No.5292/2022
disposed of on 5.1.2023, shall dispose of the
application filed under Order 39 Rules 1 and 2 of
CPC, in accordance with law.
Sd/-
JUDGE
DM
