Karnataka High Court
Sri Satish K R vs Anantharamu Dead By Lrs Smt V Gayathri on 14 December, 2023
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CRP No. 741 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CIVIL REVISION PETITION NO. 741 OF 2023 (IO)
BETWEEN:
1. SRI. SATISH K.R.
S/O LATE RAMEGOWDA,
AGED ABOUT 49 YEARS,
2. SMT. ROOPA D.J.
W/O SRI. SATISH K.R.,
AGED ABOUT 39 YEARS,
SL.NO.1 AND 2 ARE RESIDENT OF
JODIKRISHNAPURA,
DUDA HOBLI, KORAVANGLA,
KRISHNAURAGRAMAN,
HASSAN - 573 118.
...PETITIONERS
(BY SRI. MANJUNATH H., ADVOCATE)
Digitally AND:
signed by
SUMA ANANTHARAMU
Location: DEAD BY LRS
HIGH
COURT OF
KARNATAKA 1. SMT. V. GAYATHRI
W/O LATE ANANTHARAMU,
AGED ABOUT 67 YEARS,
2. SRI. AVINASH ANANTHRAMU
S/O LATE ANANTHARAMU,
AGED ABOUT 34 YEARS,
SL.NO.1 AND 2 ARE RESIDING AT
NO.46, "SREELAKSHMI",
1ST CROSS, UPSTAIRS,
MICO LAYOUT II PHASE,
WEST OF CHORD ROAD, 2ND STAGE,
-2-
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CRP No. 741 of 2023
MAHALAKSHMIPURAM,
BENGALURU-560 086.
...RESPONDENTS
THIS CRP IS FILED UNDER SECTION 115 OF CPC., AGAINST
THE ORDER DATED 07.09.2023 PASSED IN O.S. NO.8851/2018 ON
THE FILE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
AT BENGALURU., ALLOWING THE IA FILED UNDER SEC.151 OF CPC.,
FOR CLUBBING OF TWO (2) SUITS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners have challenged the correctness of an
order dated 07.09.2023 passed by the XXIV Additional City Civil
and Sessions Judge, Bengaluru (henceforth referred to as 'Trial
Court') in O.S.No.8851/2018 by which, it allowed an application
and clubbed the suits in O.S.No.8100/2018 and
O.S.No.8851/2018 and treated the suit in O.S.No.8851/2018 as
the lead suit.
2. The deceased - respondent herein filed a suit in
O.S.No.8100/2018 for perpetual injunction in respect of a
property bearing No.309 situate at Pantharapalya, Bengaluru.
Later, the deceased - respondent filed another suit in
O.S.No.8851/2018 for perpetual injunction which was later
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amended and the relief of declaration of title to the property
and for recovery of possession was sought in respect of
property bearing No.309 situate at Pantharapalya, Bengaluru.
Both the suits were assigned to the same Court. Consequently,
an application was filed by the counsel for the legal
representatives of the deceased - respondent to club both the
suits. The Trial Court in terms of the impugned order held that
the suit in O.S.No.8851/2018 was for comprehensive relief,
while the suit in O.S.No.8100/2018 was for perpetual injunction
and therefore, to avoid conflicting judgment, felt it appropriate
to club both the suits and treated the suit in O.S.No.8851/2018
as lead suit.
3. Being aggrieved by the said order, this petition is
filed.
4. The learned counsel for the petitioners submitted
that both the suits when filed initially were for the relief of
perpetual injunction. It is only now the relief of declaration of
title and for recovery of possession is sought. He submits that
in the written statement filed in O.S.No.8851/2018, a counter
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claim is made and therefore, it is not safe to club both the
suits.
5. Clubbing of suits arises only when the parties in
both the suits are the same and the property involved in both
the suits are same. This is done to ensure that there is no
conflicting judgment and also to avoid repeated recording of
evidence and passing judgments. Therefore, there is no error
committed by the Trial Court in clubbing O.S.No.8851/2018
and O.S.No.8100/2018 so as to pass a comprehensive
judgment in both the suits. There is no error committed by the
Trial Court warranting interference of this Court.
6. Hence, this petition lacks merit and is dismissed.
7. In view of dismissal of the petition, pending I.As., if
any, do not survive for consideration and the same stand
rejected.
Sd/-
JUDGE
PMR
