Karnataka High Court
H M Rajeshwari W/O Late H.M Rachotaiah vs K.A.Siddaaveeramma W/O Late ... on 4 November, 2024
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WP No. 106051 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.106051 OF 2024 (GM-CPC)
BETWEEN:
1. H. M. RAJESHWARI W/O. LATE H.M. RACHOTAIAH,
AGE: 70 YEARS.
2. H. M. SRISHAILA S/O. LATE H.M. RACHOTAIAH,
AGE: 46 YEARS.
3. H. M. BASAVARAJ S/O. LATE H.M. RACHOTAIAH,
AGE: 44 YEARS.
4. H. M. VASANTHI D/O. LATE H.M. RACHOTAIAH,
AGE: 41 YEARS.
PETITIONER NO.1 TO 4 R/O: PARVATHI NAGAR,
2ND MAIN ROAD, BALLARI - 583 101.
5. H. M. NAGAMMA W/O. LATE H.M. PYATAIAH
AGE: 65 YEARS.
6. H. M. KARIBASAMMA W/O. LATE AMBRESH,
AGE: 46 YEARS.
Digitally signed 7. H. M. MOUNESH S/O. LATE AMBRESH,
by SAROJA
HANGARAKI AGE: 23 YEARS.
Location: High
Court of
Karnataka
8. H. M. GEETHAMMA D/O. LATE AMBRESH,
AGE: 20 YEARS.
9. H. M. NAGARAJ S/O. LATE AMBRESH,
AGE: 19 YEARS.
10. NAGAVENAMMA S/O. DODDA KURUGODAIAH
W/O. UMESH, AGE: 43 YEARS.
11. H. M. SOMAIAH W/O. H.M.DODDAKURUGODAIAH,
AGE: 41 YEARS.
12. CHENNAMMA W/O. BASAVARAJ
D/O. DODDAKURUGODAIA, AGE: 39 YEARS.
13. H. M. ERAMMA W/O. SANNA KURUGODAIA,
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WP No. 106051 of 2024
AGE: 60 YEARS.
14. H. M. GIRIJAMMA W/O. SANNA KURUGODAIA,
AGE: 38 YEARS.
PETITIONER NO.5 TO 14 ARE
R/O: KAPPAGAL VILLAGE, BALLARI TALUK
AND DISTRICT - 583 101.
...PETITIONERS
(BY SRI MANJUNATH JADAI, ADVOCATE)
AND:
1. K.A.SIDDAAVEERAMMA W/O LATE VEERESHAPPA
AGE: 52 YEARS.
2. K.A.MAREPPA S/O. LATE DODDAPPA,
AGE: 46 YEARS.
RESPONDENTS 1 AND 2 ARE
R/O:SIRIWARA VILLAGE,
BALLARI TALUK AND DISTRICT - 583 101.
3. REVAMMA W/O. LATE K. POPANNA,
AGE:46 YEARS,
R/O: SHRIDHARAGADDE VILLAGE,
BALLARI TALUK AND DISTRICT - 583 101
4. K. SIDDAPPA S/O. K. MARISWAMEPPA,
AGE: 70 YEARS,
R/O: VIJAPEYI BADAVANE, MOKA ROAD,
BALLARI - 583 101.
5. K.J.RAVINDRABABU S/O. K.J.MARISWAMAPPA,
AGE:70 YEARS,
R/O: 6TH CROSS, S.N.PETE, BALLARI - 583 101.
6. B.K.GADILINGAPPA S/O. B.K.HANUMANTHAPPA,
AGE: 57 YEARS.
7. B.K.RAMALINGA S/O. B.K.HANUMANTHAPPA,
AGE: 48 YEARS,
8. B.K.BASAVALINGA S/O. B.K.HANUMANTHAPPA,
AGE: 46 YEARS,
RESPONDENTS NO.6 TO 8 ARE
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WP No. 106051 of 2024
R/O: KURIHATTI EXTENSION,
SIRUGUPPA ROAD, BALLARI - 583 101.
9. ABDUL GANI S/O. ABDUL SAB,
AGE:60 YEARS.
10. JAINBHI W/O. GHOUSE MOHIDDIN,
AGE: 55 YEARS.
11. JARIN TAJ D/O. NAZEER AHAMAD,
AGE: 58 YEARS.
RESPONDENTS NO.9 TO 11 ARE
R/O: COWL BAZAAR, BALLARI - 583 101.
12. R.S.VILASA BAI W/O. B. JAYARAM SINGH,
AGE: 64 YEARS,
R/O: H.H.B. COLONY, H.NO.188, NEAR OPD,
OPP. VASAVI SCHOOL, BALLARI - 583 101.
13. ANITH BAI D/O. B. JAYARAM SINGH,
W/O. SURYA NARAYANA,
AGE: 55 YEARS.
14. KAMALA BAI D/O. B. JAYARAM SINGH,
W/O. LATE RAMESH SINGH,
AGE: 59 YEARS.
RESPONDENTS NO.13 AND 14 ARE
R/O: OPP. VASAVI SCHOOL, INFANTRY
ROAD, BALLARI - 583 101.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR
DIRECTION OR ORDER TO QUASH IN ANNEXURE-J, VIDE ORDER
DATED 07.06.2024 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE COURT AT BALLARI IN MISC.NO.21/2023.
SET-ASIDE THE ORDER DATED 07.06.2024 WHICH IS PASSED BY
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE COURT AT BALLARI
IN MISC.NO.21/2023 AS PRAYED IN THE PETITION AND TRANSFER
ALL THE SUITS TO O.S.NO.146/2023 FILED BEFORE THE PRL. SR.
CIVIL JUDGE AND CJM COURT AT BALLARI FOR PROPER
ADJUDICATION AND DISPOSAL AND ETC.,
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WP No. 106051 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present petition is filed challenging the order
dated 07.06.2024 passed in Misc.No.21/2023 by the
Principal District and Sessions Judge, Ballari.
2. The relevant facts necessary for consideration
of the present petition are that the petitioners filed
Misc.No.21/2023 under Section 24 of the Code of Civil
Procedure to transfer O.S.No.1058/2013 pending before
the II Additional Civil Judge Court, Ballari,
O.S.Nos.153/2013, 154/2013, 155/2013 and 214/2021
pending before the V Additional Civil Judge Court, Ballari
to the I Senior Civil Judge Court, Ballari to be tried along
with O.S.No.146/2023.
3. The respondents entered appearance in the said
proceedings and contested the same. The Trial Court vide
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order dated 07.06.2024 dismissed the said application.
Being aggrieved, the present petition is filed.
4. The Trial Court while considering the application
of the petitioners has recorded the following findings.
"16. After going through the prayer sought by
the petitioners to transfer the above said six Suits
from different Courts to the 1st Additional Senior Civil
Judge Court, Ballari, it is relevant to point out that
they cannot be considered for the reason that the
suits pending now before the trial courts are at the
final stage of arguments on merits, and duty and
penalty on the partition deed is to be paid by the
petitioners who sought for partition and separate
possession on the some of the properties. Therefore,
it cannot be said that the Suit pending before 1st
Additional Senior Civil Judge Court, Ballari is a
Comprehensive Suit. Moreover the petitioners have
already sought for withdrawing the suit in
O.S.No.872/2015, and said prayer is to be
considered by the trial court. Further the Suits filed
in the year 2013 pending before V Additional Civil
Judge Court, Ballari are already posted for
arguments on merits. Therefore, there is no ground
to transfer the same to 1st Additional Senior Civil
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Judge Court, Ballari for common trial with
O.S.No.146/2023.
17. Considering the different prayers sought
by the parties, though some of them are similar
along with the properties involved in all the suits, the
same cannot be the ground for transfer all the cases
for common trial, since the evidence of both parties
on merits already completed in some cases, and the
matter was posted for arguments on merits.
Therefore, I do not find any bonafide and sufficient
grounds to transfer the suits in O.S.No.872/2015
from Principal Civil Judge Court, Ballari,
O.S.No.1058/2013 from 2nd Additional Civil Judge
Court, Ballari, O.S.No.155/2013, O.S.No.154/2013,
O.S.No.153/2013 and O.S.No.214/2021 from V -
Additional Civil Judge Court, Ballari to the 1st Senior
Civil Judge Court, Ballari to try along with
O.S.No.146/2023, for common disposal. Hence I
answer Point No.1 in the Negative."
(emphasis supplied)
5. It is forthcoming that O.S.Nos.153/2013,
154/2013 and 155/2013 are posted for judgment and
O.S.No.1058/2013 is posted in the stage of defendants
evidence whereas O.S.No.146/2023 to which suit the
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other suits are sought to be clubbed is still at the
preliminary stage of service of summons. Having regard to
the fact that the stages of the suits that are sought to be
clubbed are different, the Trial Court was justified in
rejecting the request made by the petitioner.
6. In view of the aforementioned, the above
petition is dismissed as devoid of merit.
Sd/-
(C.M. POONACHA)
JUDGE
SSP
CT-ASC
