Karnataka High Court
Smt. Rajeshwari. H. R vs Sri. Ramakrishnappa on 20 December, 2023
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CRP No. 723 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CIVIL REVISION PETITION NO. 723 OF 2023
BETWEEN:
SMT. RAJESHWARI. H.R.
W/O. D.N. SADANANDAMURTHY,
AGED ABOUT 39 YEARS,
RESIDING AT NO. 8,
5TH CROSS, 4TH MAIN,
AGRAHARA DASARAHALLI,
BENGALURU-560 079.
...PETITIONER
(BY SRI. SUBBA SHASTRY N.,ADVOCATE)
AND:
1. SRI. RAMAKRISHNAPPA
S/O. LATE PUTTATHAYAPPA,
AGED ABOUT 72 YEARS,
RESIDING AT NO.1,
NEAR BYDARAHALLI BUS STOP,
Digitally
VISHVANEEDAM POST,
signed by BENGALURU-560 091.
SUMA
Location:
HIGH 2. SRI. KESHAVAMURTHY
COURT OF S/O. LATE PUTTATHAYAPPA,
KARNATAKA
AGED ABOUT 61 YEARS,
RESIDING AT NO.1,
NEAR BYDARAHALLI BUS STOP,
VISHVANEEDAM POST,
BENGALURU-560 091.
3. SMT. B.P. SUNANDAMMA
W/O. THIMMAPPA GOWDA,
D/O. LATE PUTTATHAYAPPA,
AGED ABOUT 68 YEARS,
RESIDING AT NO. 128,
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CRP No. 723 of 2023
NEAR BYADARAHALLI BUS STOP,
VISHVANEEDAM POST,
BENGALURU-560 091.
4. SMT. B.P. JAYAMMA
W/O. B.P. KRISHNAPPA,
D/O. LATE PUTTATHAYAPPA,
AGED ABOUT 65 YEARS,
RESIDING AT NO. 71,
BEHIND GOVERNMENT SCHOOL,
BYADARAHALLI,
VISHVANEEDAM POST,
BENGALURU-560 091.
5. SMT. SHASIKALA
W/O. BYLEGOWDA,
AGED ABOUT 39 YEARS,
RESIDING AT NO. 1430,
10TH MAIN ROAD,
HOSAHALLI,
VIJAYANAGAR,
BENGALURU-560 040.
6. SRI. VINAY
S/O. LATE NANJUNDAPPA,
AGED ABOUT 34 YEARS,
RESIDING AT NO. 128,
NEAR BYADARAHALLI BUS STOP,
VISHVANEEDAM POST,
BENGALURU-560 091.
7. SRI. M.G. RENUKAIAH
S/O. SRI. GANGAREVAIAH,
AGED ABOUT 55 YEARS,
RESIDING AT NO.452 (E),
4TH CROSS, AROGYA BADAVANE,
SRIGANDADA KAVAL,
BENGALURU-560 091.
...RESPONDENTS
(BY SMT. HIMA M., ADVOCATE FOR SMT. KAVITHA D, ADVOCATE
FOR RESPONDENT NOS.1 TO 6)
THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST
THE ORDER DATED 27.09.2023 PASSED IN MISC.NO.35/2023 ON
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CRP No. 723 of 2023
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE
MISCELLANEOUS PETITION FILED UNDER SECTION 24 OF CPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged an order dated
27.09.2023 passed by the Principal District and Sessions
Judge, Bengaluru Rural District, Bengaluru in Misc.
No.35/2023.
2. The petitioner herein had filed O.S.No.632/2014
for the relief of perpetual injunction in respect of a
residential house constructed on a property bearing No.236
situated at Sy.No.133 of Harohalli Village, Yeshwanthpur
Hobli, Bengaluru North Taluk.
3. In the meanwhile, O.S.No.1679/2021 was filed
by the respondent Nos.1 to 6 herein for the relief of
declaration that they are the absolute owners of the
residential house bearing No.236 formed in Sy.No.133 of
Harohalli Village, Yashwantupur Hobli, Bengaluru North
Taluk.
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4. The petitioner herein therefore, filed a petition
under Section 24 of the Civil Procedure Code, in
Misc.No.35/2023 to transfer O.S.No.632/2014 to be tried
along with O.S.No.1679/2021. The District Court in terms of
the impugned order dismissed the petition on the ground
that the suit filed in O.S.No.632/2014 was for perpetual
injunction, while the suit filed in O.S.No.1679/2021 is for
declaration and injunction in respect of 02 acres of land in
Sy.No.133 of Harohalli Village, Yashwanthpur Hobli, out of
07 acres 27 guntas. It therefore, held that that subject
matter of both the suits are not the same and consequently
dismissed the petition. Being aggrieved by the same, this
petition is filed.
5. When the petition was listed for orders, the
learned counsel for the respondent Nos.1 to 6 - Smt.
D.Kavitha submits that they have no objection for
transferring the suit filed by the petitioner in
O.S.No.632/2014 to be tried along with O.S.No.1679/2021.
6. In that view of the matter, this petition is
allowed and the suit in O.S.No.632/2014 is ordered to be
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transferred to Court where O.S.No.1679/2021 is pending
consideration. It is needless to mention that the suit in
O.S.No.1679/2021 shall be treated as the lead suit and all
evidence shall be recorded in the said suit and a common
judgment shall be passed.
Sd/-
JUDGE
HJ
