Sri K N Rajagopal vs Sri K N Nagaraju
2024 Latest Caselaw 15290 Kant

Karnataka High Court

Sri K N Rajagopal vs Sri K N Nagaraju on 2 July, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                              NC: 2024:KHC:24578
                                                              CP No. 171 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 2ND DAY OF JULY, 2024

                                              BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                                  CIVIL PETITION NO. 171 OF 2024
                      BETWEEN:

                      1.    SRI K N RAJAGOPAL
                            S/O LATE B K NARAYANSWAMY
                            AGED ABOUT 59 YEARS

                      2.    SRI K N RAJKUMAR
                            S/O LATE B K NARAYANASWAMY
                            AGED ABOUT 51 YEARS

                      3.    SRI K N SATHISH
                            S/O LATE B K NARAYANSWAMY
                            AGED ABOUT 47 YEARS
                            ALL ARE R/AT KEMPALINGAPURA VILLAGE
                            KASABA HOBLI, DEVANAHALLI TALUK
                            BENGALURU RURAL DISTRICT 562110.
                                                                  ...PETITIONERS
                      (BY SRI.R S RAVI, SERNIOR COUNSEL FOR
Digitally signed by   SRI. CHANDRAPPA V.,ADVOCATE)
PRAJWAL A
                      AND:
Location: HIGH
COURT OF
KARNATAKA             1.    SRI K N NAGARAJU
                            S/O LATE B N NRAYANASWAMY
                            AGED ABOUT 69 YEARS
                            RESIDING AT KEMAPLINGAPURA VILLAGE
                            KASABA HOBLI
                            DEVANAHALLI TALUK
                            BEGNALURU RURAL DISTICT 562110.

                      2.    SMT RATHNAMMA
                            D/O LATE B K NARAYANASWAMY
                            AGED ABOUT 67 YEARS
                          -2-
                                    NC: 2024:KHC:24578
                                    CP No. 171 of 2024




     R/AT MAHADEVAKODIGEHALLI VILLAGE
     BAGALURU POST, YELAHANKA TALUK
     BENGALURU 562149.

3.   SMT PADMAMMA
     D/O LATE B K NARAYANASWAMY
     AGED ABOUT 59 YEARS
     RESIDING AT MEENAKUNTE HOSUR
     DODDAJALA, YELANAKA TALUK
     BEGNALURU 562157.

4.   SMT BACHAMMA
     S/O LATE B K NARAYANASWAMY
     W/O SRI PATALAPPA
     AGED ABOUT 56 YEARS
     R/AT NO.2, ANJANEYA TEMPLE STREET
     SADENAHLLI, BENGALURU NORTH TALUK
     BENGALURU-562110.

5.   SMT LALITHAMMA
     D/O LATE B K NARAYANASWAMY
     W/O SRI MUNIRAJU
     AGED ABOUT 56 YEARS
     R/AT ALAPPANAHALLI VILLAGE
     LOKKONDANAHALLI VILLAGE
     HOSAKOTE TALUK
     BENGALURU RURAL DISTRICT 562114.

6.   SMT MANJULA K N
     D/O LATE B K NARAYANASWAMY
     W/O SRI G N SRINVIAS
     AGED ABOUT 48 YEARS
     RESIDING AT NO 128
     MELURU VILLAGE, SIDLAGHATTA TALUK
     CHIKKABALLAPURA DISTRICT 562102.

7.   MAGNOLIA TOWNSHIP PROMOTERS PVT LTD
     AT NO 1005, 1006
     PRESTIGE MERIEDIAN 1
     M G ROAD, BENGALURU 560001
     REP BY ITS DIRECTOR
     MR D RAVINDRANATH
                          -3-
                                    NC: 2024:KHC:24578
                                    CP No. 171 of 2024




8.   MR P H HANUEMGOWDA
     S/O LATE K HAMANTHARAYAPPA
     R/AT POOJANAHALLI VILALGE
     KANNAMANGLA POST
     KASABA HOBLI, DEVANAHALLI TALUK
     BEGNALURU RURAL DISTRICT 562110.

9.   SMT MEGHANA CHANDRA REDDY
     D/O NARAYANA CHANDRA REDDY
     AGED ABOUT 30 YEARS
     R/AT NO 17 30TH MAIN
     BTM LAYOUT 2ND STAGE
     BANGALORE -560076.

10. SRI PARVATHENENI RATHNA KUMAR
    S/O VENKKATA SUBBA RAO
    AGED ABOUT 71 YEARS
    R/AT NO 66 HAL III STAGE
    NEW THIPPASANDRA
    BANGALORE CITY-560075.

11. SRI S V RAMANA BABU
    S/O SRI SRIRAM BABU
    AGED ABOUT 63 YEARS
    RESIDING AT JAKKUR PLANTAITON
    BESIDE AERODROME
    RENAISSANCE EXOTICA BLOCK B
    FLAT NO 303, YELAHANKA
    BANGALORE 560064.

12. MR SUNIL NARAYAN
    S/O N K NARAYAN
    AGED ABOUT 62 YEARS
    R/AT NO 263, 4TH MAIN ROAD
    MAHALAKSHMI LAYOUT
    BANGALORE-560086.

13. MR S RAVICHANDRA
    S/O A SUGAVANAM
    AGED ABOUT 65 YEARS
    RESIDING AT NO 22
    AECS LAYOUT III CROSS
                           -4-
                                     NC: 2024:KHC:24578
                                     CP No. 171 of 2024




    1ST STAGE RMV II
    BANGALORE 560094.

14. M/S SCOTTS INDIA PRIVATE LIMITED
    HAVNIG ITS OFFICE AT NO A6
    QUTUB HOTEL, SHAHEED JEET SINGH MARG
    NEW DELHI 110016
    REP. BY MR KOSHY VEGHESE.

15. M/S RENAISSANCE HOLDINGS AND
    DEVELOPERS PRIVATE LIMITED
    HAVING ITS REG. OFFICE AT NO 12
    18TH CROSS, 6TH MAIN
    MALLESHWARAM
    BANGALORE 560055
    REP. BY ITS DIERCTOR MR S N RAMANJ.

16. M/S SOBHA DEVELOPERS LIMITED
    HAVING ITS OFFICE AT SOBHA
    NO 51/5, SARJAPAURA
    MARATHAHALLI OUTER RING ROAD (ORR)
    DEVARABEESANAHALLI
    BELLANDURU POST
    BANGALORE 560103
    REP. BY ITS AUTHORISED REPRSENTAIVE
    MR N B ASHOK KUMAR.

17. SMT HANUMAKKA
    W/O BASAPPA
    AGED ABOUT 75 YEARS
    THIMMEGOUDANAHLLI VILLAGE
    KASABA HOBLI
    DEVANAHALLI TALUK
    BENGALURU RURAL DISTRICT 562110.

18. SRI A PRAKASH
    S/O THIMEGOWDA
    AGED ABOUT 58 YEARS
    RESIDING AT NIDAGHATTA VILLAGE
    ATHAUGURU HOBLI, MADDUR TALUK
    MADNYA DISTRICT-571433.
                            -5-
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                                       CP No. 171 of 2024




                                          ...RESPONDENTS
(BY SRI.NARAYANA SWAMY C., ADVOCATE FOR R3:
SRI. VIJAYA KUMAR, ADVOCATE FOR R5:
SMT. HEMAVATHI, ADVCOATE FOR R6:
SRI. SYED KAMRUDDIN, ADVOCATE FOR R9:
NOTICE TO R7,11,13 & 14 ARE DISPENSED WITH
V/O DATED: 20.06.2024: NOTICE TO R1,2,4, 8,10 & 12
IS SERVED BUT UNREPRSENTED)


     THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC 1908, PRAYING TO PASS AON ORDER TO TRANSFER
SUITS 1. OS. NO. 333/2021 ON THE FILE OF THE II ADDL.
SENIOR CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA. 2 OS.
NO. 3302021 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE AND JMFC AT CHIKKABALLAPURA. 3 OS. NO. 337/2021
ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC
AT CHIKKABALLAPURA. AND 4. OS. NO. 313/2021 ON THE FILE
OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT
CHIKKABALLAPURA. TO THE COURT OF PRL. SENIOR CIVIL
JMFC, DEVANAHALLI AND CULB ABOVE SUITS ALONG WITH
1. OS.NO. 742/2021 ON THE FILE OF THE IIIADDL. SENIOR
CIVIL JUDGE AND JMFC AT DEVANAHALLI, 2. OS.NO. 845/2021
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT
DEVANAHALLI, 3. OS.NO. 747/2021 ON THE FILE OF THE
IADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, 4.
OS.NO. 867/2021 ON THE FILE OF THE I ADDL. SENIOR CIVIL
JUDGE AND JMFC AT DEVANAHALLI, 5. OS.NO. 761/2021 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT
DEVANAHALLI, 6. OS.NO. 889/2021 ON THE FILE OF THE
IIIADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, 7.
OS.NO. 724/2021 ON THE FILE OF THE IIIADDL. SENIOR CIVIL
JUDGE AND JMFC AT DEVANAHALLI AND 8. OS.NO. 836/2021
ON THE FILE OF THE IIIADDL. SENIOR CIVIL JUDGE AND JMFC
AT DEVANAHALLI.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                                              NC: 2024:KHC:24578
                                              CP No. 171 of 2024




                          ORDER

1. The petitioners are the defendants in the suits filed

by respondent Nos.3 to 6. Respondent Nos.3 to 6 filed

different suits for partition and separate possession. They

have filed some of the suits in Chikkaballapura Court and

some of them have been filed in Devanahalli Court. The

petitioners have filed the present petition seeking for

clubbing of all the suits and transfer the same from the

Chikkaballapura Court to Devanahalli Court. Respondent

Nos.3 to 6 filed totally 12 suits for partition and separate

possession. Out of which, 8 suits are pending before the

Devanahalli Court and remaining four suits are pending

before the Chikkaballapura Court.

2. The learned counsel for the petitioners has

contended that respondent No.3-Padmamma filed one suit

in Chikkaballapura Court and two suits in Devanahalli

Court. Respondent No.4-Bachamma filed one suit in

Chikkaballapura Court and two suits in Devanahalli Court.

Respondent No.5-Lalithamma filed two suits in Devanahalli

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Court and one suit in Chikkaballapura Court. Respondent

No.6-Manjula filed two suits in Devanahalli Court and one

suit in Chikkaballapura Court. If the suits filed in

Chikkaballapura Court is transferred to Devanahalli Court,

it is convenient for all the parties including the

respondents-plaintiffs to prosecute the case. Hence, he

sought for allowing the petition.

3. Learned counsel appearing for the respondents-

plaintiffs has contended that since some of the properties

are situated in Devanahalli and some of the properties are

situated in Chikkaballapura, the plaintiffs filed the suits on

the basis of the territorial jurisdiction. In support of his

contention, he has relied upon the judgments of Hon'ble

Apex Court in Transfer petition (Civil) No.2664/2023,

(1946) 1 MLJ 310 and AIR 2006 SC 646 and contended

that the suit has to be filed, where the properties are

situated. Hence, he sought for dismissal of the petition.

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4. In this case, all the suits are filed for partition and

separate possession. Some of the properties are situated

in Devanahalli and some of them are situated in

Chikkaballapura. The parties to the suits are common and

the suits are filed for partition and separate possession. If

the suits filed in Chikkaballapura Court is transferred to

the Devanahalli Court, it is convenient for all the parties

even to the respondents-plaintiffs to prosecute the suits.

Therefore, the civil petition deserves to be allowed.

5. Accordingly, the following order is passed:

ORDER

a) The civil petition is allowed.

b) The case in O.S.No.333/2021 pending on the file of the II Additional Senior Civil Judge, Chikkaballapura is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.

c) The case in O.S.No.330/2021 pending on the file of the II Additional Senior Civil Judge, Chikkaballapura

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is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.

d) The case in O.S.No.327/2021 pending on the file of the II Additional Senior Civil Judge, Chikkaballapura is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.

e) The case in O.S.No.313/2021 pending on the file of the Principal Senior Civil Judge, Chikkaballapura is hereby withdrawn and the same is transferred to the Principal Senior Civil Judge and JMFC, Devanahalli.

f) The transferor Court is hereby directed to transmit the entire records to the transferee Court.

g) The transferee Court after hearing the parties is directed to dispose of the said cases as expeditiously as possible and in accordance with law.

Sd/-

JUDGE

HA