Karnataka High Court
Sri. Y Raghuram Shenoy vs Puttur Town Municipal Council on 14 March, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:10757
WP No. 32300 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 32300 OF 2018 (GM-CPC)
BETWEEN:
SRI. Y RAGHURAM SHENOY
S/O LATE RAMANATHSHENOY
1(A) SMT. YELTHIMAR VIJAYALAKSHMI.SHENOY
W/O. LATE Y.RAGHURAM SHENOY,
AGED ABOUT 56 YEARS,
1(2) 2) SRI SOORAJ YELTHIMAR SHENOY
S/O. LATE Y.R.SHENOY,
AGED ABOUT 26 YEARS,
BOTH RESIDING AT LAKSHMI NIVAS,
KALLARE MAIN ROAD, PUTTUR POST & TALUK,
DAKSHINA KANNADA - 574 202.
Digitally signed
by SUMA B N
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA
(BY SRI. N. RAVINDRANATH KAMATH SENIOR COUNSEL FOR
SRI. DIVYATEJ H.N. AND SRI. MOHAMMED
ASHHAR C.K.,ADVOCATE FOR P1(a) AND P1(b)
AND:
1. PUTTUR TOWN MUNICIPAL COUNCIL
PUTTUR, D.K.DISTRICT - 574 201
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
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2. SRI RAJESH BANNUR
S/O GOPALA
AGED ABOUT 48 YEARS
EX PRESIDENT & MEMBER
PUTTUR TOWN MUNICIPAL
COUNCIL ANUGRAHA
NEAR MAHALINGESHWARA TEMPLE
PUTTUR - 574 201.
3. SRI K SOMAPPASAPALYA
S/O GOVINDASAPAYYA
MAJOR BY AGE
PUTTUR TOWN MUNICIPAL COUNCIL
RAKTHESHWARI ROAD,
NEHRU NAGAR,
PUTTUR-574 201.
4. SRI JEEVANDHAR JAIN KALLEGA
S/O YUVARAJHEGDE
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
NELAPPALAPADNUR
PUTTUR-574 201.
5. SRI SANKAPPAGOWDA
S/O DOMANNAGOWDA
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
AJEYANAGAR, PADNUR,
PUTTUR-574 201.
6. SRI RAMANNAGOWDAHALANGA
S/O VAMANGOWDA
MAJOR BY AGE, MEMBER,
PUTTUR TOWN MUNICIPAL COUNCIL
HALANGA HOUSE, BANNUR,
PUTTUR-574 201.
7. SRI B VISHWANATHAGOWDA
S/O NARAYANAGOWDA
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
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AYODHYA NAGAR
BANNUR,
PUTTUR-574 201.
8. SRI JAGADISHSHETTY NELLIKATTE
S/O GUDDAPPASHETTY
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
THARIGUDDE
PUTTUR-574 201.
9. SRI ANWAR KASIMSALVARA
S/O KASIM P.S,
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
SALMARA, PUTTUR-574 201.
10. SRI M CHANDRA SINGH
S/O RAGHAVENDRA SINGH
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
MUDDODI, CHIKKAMUDNUR
PUTTUR - 574 201.
11. SRI A SHAKTHI SINHA
S/O A N SUVARNA
MAJOR BY AGE
MEMBER, PUTTUR TOWN MUNICIPAL COUNCIL
NELLIKATTE, PUTTUR -574 201.
12. SMT VANI SRIDHAR
W/O SRIDHAR
MAJOR BY AGE, MEMEBER & PRESIDENT,
PUTTUR TOWN MUNICIPAL COUNCIL
PADEELU, PUTTUR-574 201.
13. SRI PANDURANGA HEGDE
S/O RAGHAVENDRA HEGDE,
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
MAHALINGESHWARAVATTARA
PUTTUR-574 201.
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14. SMT JYOTHI R NAYAK
W/O RADHAKRISHNANAYAK
MAJOR BY AGE, MEMBER
PUTTUR, TOWN MUNICIPAL COUNCIL
HARADI, PUTTUR-574 201.
15. SMT P LATHA GANESH RAO
W/O GANESH RAO
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
UJRUPADE, PUTTUR-574 201.
16. SMT YASHODHAHARISHABIRAVU
W/O HARISHABIRAVU
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
KABAKA, PUTTUR-574 201.
17. SMT K KAMALA ANANDA
PRESIDENT & MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
TENKILA MANE, KATTATHARU
PUTTUR - 574 201.
18. SRI VINAYBHANDARI
S/O BABUBHANDARI,
MAJOR BY AGE, MEMBER,
PUTTUR TOWN MUNICIPAL COUNCIL
DARBE, PUTTUR - 574 201.
19. SMT DEEKSHAPAI
W/O DINESH PAI
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
PARLADKA HOUSE,
PUTTUR-574 201, D.K.
20. SRI ATOOR H MOHAMMED ALI
S/O IBRAHIM HAJI
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
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KORNADKA HOUSE, KEMMINJE
DARBE, PUTTUR - 574 201.
21. SMT SEEMAGANGADHAR
W/O GANGDHAR V
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
SAMETHADKA HOUSE,
PUTTUR-574 201.
22. SMT REKHAYASHODHARA
W/O YASHODHARA K
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
SANJAY NAGAR, KEMMINJE
PUTTUR-574 201.
23. MADHAVABEDRALA
S/O SOMAIAHNAYAK
MAJOR IN AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
BEDRALA HOUSE,
PUTTUR-574 201.
24. SRI LANCIMUSCARENHAS
S/O LUOISMUSCARENHAS
MAJOR BY AGE
PUTTUR TOWN MUNICIPAL COUNCIL
ANIL NIVAS, KEMMINJE
PUTTUR-574 201.
25. SMT USHABALAKRISHNA
W/O BALAKRISHNAGOWDA
MAJOR BY AGE, MEMBER,
PUTTUR TOWN MUNICIPAL COUNCIL
KARKUNJA HOUSE,
OPPALIGE, PUTTUR-574 201.
26. SRI RAMESH RAIMOTTETHADKA
S/O ACHUTH RAI MOTTETHADKA
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
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KEMMINJE, PUTTUR-574 201.
27. SMT JAYANTHI
W/O POOVAPPA
MAJOR BY AGE, MEMBER
PUTTUR TOWN MUNICIPAL COUNCIL
ARTHIPADAV, MANEBALNAD VILLAGE
PUTTUR-574 201.
28. SRI ANANTHASHENOY
SINCE DECEASED BY LRS
28(a) SMT Y SHANTHI SHENOY
AGED ABOUT 65 YEARS,
W/O LATE SRI ANANATHA SHENOY.
28(b). SRI Y RAMANATHA SHENOY
AGED ABOUT 29 YEARS
S/O LATE SRI ANANTHA SHENOY
BOTH ARE RESIDING AT
APT NO.208, 520 PARK SIDE DRIVE
WATERLOO, ONTARIO
CANADA -N2L53D.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
CONSITUTION OF INDIA PRAYING TO QUASH THE ORDER OF
THE HONBLE PRINCIPAL AND SESSION JUDGE,
MANGALORE IN MISC.NO.5/2018 DATED 23.06.2018,
WHEREIN THE APPLICATION OF THE PETITIONER TO
TRANSFER THE SUIT IN O.S.NO.29/2013 ON THE FILE OF
ADDL. SR.CIVIL JDUGE AND JMFC, PUTTUR TO BE
TRANSFERRED AND CLUBBED IN O.S.NO.51/2016 ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE AND ACJ AT
PUTTUR, DK VIDE ANNX-A AND THE SAID PETITIONER
MAY BE ORDERED TO BE ALLOWED AS PRAYED FOR AND
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 32300 of 2018
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner who is the plaintiff in O.S.No.29/2013 pending
consideration on the file of Additional Senior Civil Judge & JMFC
Puttur as well as in O.S.No.51/2016 pending consideration on
the file of Principal Civil Judge And ACJ, Puttur, Dakshina
Kannada which is filed against the common
defendants/respondents herein, is before this Court being
aggrieved by the order dated 23.06.2018 passed in
Miscellaneous Petition No.5/2018 by the Principle District and
Sessions Judge, Mangalore, D.K, by which the application filed
by the petitioner herein under Section 24 of the CPC seeking to
club the aforesaid two suits and to conduct common trial and to
hear analogously has been rejected.
2. Learned senior counsel appearing for the petitioner
submits that the parties, subject matter and the cause of action
in the both the suits are one and the same and the Principle
District and Sessions Judge, Mangalore, D.K, without
appreciating these aspects the matter has dismissed the
application which may lead to anomalous situation of conflicting
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decision being passed and leading further multiplicity of
proceedings. Hence seeks for allowing of the petition.
3. Heard. Perused the records.
4. Perusal of the plaint in the above suits would
disclose that the petitioner is claiming to be the owner of
property bearing Sy.No.138/9 and 138/1 situated at Puttur,
Kasaba village, Dakshina Kannada. It is the case of the
petitioner that the respondent- authorities had apart from
demolishing the structure existing had also encroached upon a
portion of the said property. He submit therefore the first suit
in O.S.No.29/2013 was filed seeking damages in sum of
1,00,00,000/- for illegal demolition and the second suit in
O.S.No.51/2016 is filed for damages in a sum of
Rs.60,00,000/- towards illegal encroachment of the portion of
the aforesaid property. The Principal District and Sessions
Judge, Mangaluru as seen in the impugned order, has
proceeded to dismiss the said application merely because the
petitioner herein when he filed a subsequent suit, did not file a
memo bringing to the notice of the Court about the previous
suit filed by him and that the present application is filed after
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lapse of 2 years. It is only this ground which has weighed in the
mind of the Principal District and Sessions Judge, Mangalore to
reject the application.
5. Clubbing of the suit is for the convenience of
leading evidence and analogous hearing of the matter,
inasmuch as in the subject matter, parties and the cause of
action as emanating from the plaint are common, as rightly
pointed out by the learned Senior counsel for the petitioner. If
above suits are heard separately and separate judgments are
passed there is likelihood of conflicting judgments being
passed giving rise to anomalous situation.
6. In that light of the matter, sufficient cause is shown
for setting aside the impugned order dated23.06.2018 passed
by the Principal District and Sessions Judge, Mangalore.
Accordingly the same is set aside. Application under Section 24
filed for transfer of O.S.No.29/2013 pending on the file of
Additional Senior Civil Judge and JMFC, Puttur to File of
Principal Senior Civil Judge and ACJM, Puttur is allowed.
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7. The Principal District and Sessions Judge,
Mangaluru is directed to withdraw either of the suits and place
it before either of the Courts having jurisdiction to try and
dispose of the matter analogously.
SD/-
(M.G.S. KAMAL)
JUDGE
RU
