Karnataka High Court
Mrs. P. Vasudha vs Mr. J. Sudha Babu on 18 February, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2025:KHC:7283
WP No. 11201 of 2024
C/W WP No. 11133 of 2024
WP No. 11177 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 11201 OF 2024 (GM-CPC)
C/W
WRIT PETITION NO. 11133 OF 2024 (GM-CPC)
WRIT PETITION NO. 11177 OF 2024 (GM-CPC)
IN WP No. 11201/2024
BETWEEN:
MR. DHANOJ KUMAR
S/O SRI VASUDEVA NAIDU
AGED ABOUT 34 YEARS
NO 140,FIRST FLOOR, 3RD CROSS
KEMPEGOWDANAGARA, BYADARAHALLI
MAGADI MAIN ROAD, BENGALURU 560091
Digitally signed by
HEMALATHA A REP BY GPA HOLDER
Location: HIGH P VASUDHA
COURT OF W/O MR R K PURUSHOTHAM
KARNATAKA
AGED ABOUT 40 YEARS
NO 140, FIRST FLOOR
3RD CROSS, KEMPEGOWDA NAGARA
BYADARAHALLI,MAGADI MAIN ROAD
BENGALURU 560091. ...PETITIONER
(BY SRI. BALAJI RAGHUNATHAN.,ADVOCATE)
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NC: 2025:KHC:7283
WP No. 11201 of 2024
C/W WP No. 11133 of 2024
WP No. 11177 of 2024
AND:
MR. J. SUDHA BABU
AGED ABOUT 51 YEARS
S/O V JAYARAM
NO 48/A, 1ST CROSS
VIJAYANAGARA
BENGALURU 560040 ...RESPONDENT
(BY SRI. NOORMOHAMMED.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 20/06/2022 PASSED BY
THE HONBLE XXI ADDL. SMALL CAUSES COURT JUDGE &
ACMM (SCCH-23) BENGALURU ON IA NO.1 DATED
04/10/2021 FILED BY THE DEFENDANT / PETITIONER
HEREIN UNDER SECTION 10 OF CPC IN SC NO. 270/2021
AT ANNEXURE-A AND ETC.
IN WP NO. 11133/2024
BETWEEN:
MRS. P. VASUDHA
W/O MR R K PURUSHOTHAM
AGED ABOUT 36 YEARS
NO 140, FIRST FLOOR
3RD CROSS, KEMPEGOWDANAGAR
BYADARAHALLI, MAGADI MAIN ROAD
BENGAULRU 560091 ...PETITIONER
(BY SRI. BALAJI RAGHUNATHAN.,ADVOCATE)
AND:
MR. J. SUDHA BABU
AGED ABOUT 51 YEARS
S/O V JAYARAM
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NC: 2025:KHC:7283
WP No. 11201 of 2024
C/W WP No. 11133 of 2024
WP No. 11177 of 2024
NO 48/A, 1ST CROSS
VIJAYANAGARA
BENGALURU 560040. ...RESPONDENT
(BY SRI. NOORMOHAMMED.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 14/03/2022 PASSED BY
THE HONBLE XXIII ADDL. SMALL CAUSES COURT JUDGE
(SCCH-25) BENGALURU ON IA DATED 04/10/2021 FILED
BY THE DEFENDANT / PETITIONER HEREIN UNDER
SECTION 10 R/W SECTION 151 OF CPC IN SC NO.
273/2021 AT ANNEXURE-A AND ETC.
IN WP NO. 11177/2024
BETWEEN:
MRS. K. VANITHA
W/O MR SRIDHAR
AGED ABOUT 55 YEARS
RESIDENT OF NO 140
GROUND FLOOR, 3RD CROSS
KEMEPGOWDA NAGARA
BYADARAHALLI,MAGADI MAIN ROAD
BENGALURU 560091. ...PETITIONER
(BY SRI. BALAJI RAGHUNATHAN.,ADVOCATE)
AND:
MR. J. SUDHA BABU
AGED ABOUT 51 YEARS
S/O V JAYARAM
NO 48/A, 1ST CROSS
VIJAYANAGARA
BENGALURU 560040 ...RESPONDENT
(BY SRI. NOORMOHAMMED.,ADVOCATE)
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NC: 2025:KHC:7283
WP No. 11201 of 2024
C/W WP No. 11133 of 2024
WP No. 11177 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 14/03/2022 PASSED BY
THE HONBLE XXIII ADDL. SMALL CAUSES COURT JUDGE
(SCCH-25) BENGALURU ON IA DATED 04/10/2021 FILED
BY THE DEFENDANT/PETITIONER HEREIN UNDER
SECTION 10 OF CPC IN SC NO. 272/2021 AT ANNEXURE-A
AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
In these writ petitions, the petitioners have called in
question the order dated 20.06.2022 passed on IA No.1 in
S.C.No.270/2021 by the XXI Additional Small Causes
Judge and ACMM, Bengaluru, orders both dated
14.03.2022 on IA in S.C.Nos.273/2021 and 272/2021,
respectively, by the XXIII Additional Small Causes Judge
and ACMM, Bengaluru, whereby the IAs. filed under
Section 10 of CPC for staying the proceedings in
S.C.Nos.270/2021, 273/2021 and 272/2021, respectively
were dismissed.
2. The plaintiffs filed suits for ejectment. After
appearance, defendants have filed the written statement.
NC: 2025:KHC:7283
When the matters were posted for evidence, at that stage,
petitioners/defendants filed applications under Section 10
of CPC for stay of the proceedings in S.C.Nos.270/2021,
273/2021 and 272/2021, respectively, on the ground that
the petitioners/defendants filed P.Misc.No.10/2020 and
since that matter is pending, they sought for stay of the
same. S.C.Nos.270/2021, 273/2021 and 272/2021 are
pending before the Small Causes Court. The Small Causes
Court, by orders dated 20.06.2022 and 14.03.2022,
respectively, dismissed the applications on the ground that
the relief sought by the parties in P.Misc.No.10/2020 and
S.C.Nos.270/2021, 273/2021 and 272/2021 are not
similar.
3. After a lapse of more than two years, these writ
petitions have been filed. After hearing the parties, the
matter is now posted for judgment. There is a delay of
two years in filing the writ petitions, challenging the order
passed by the Small Causes Court under Section 10 of
CPC, that too, when the matter is posted for judgment.
NC: 2025:KHC:7283
Hence, this Court decline to interfere into the order passed
by the Small Causes Court.
4. There is no illegality or error in the order passed by
the trial court. Hence, the writ petitions are dismissed.
In view of dismissal of the main petitions, all pending
applications stand disposed of.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
