- 1 - NC: 2025:KHC:668 WP No. 204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 204 OF 2025 (GM-CPC) BETWEEN: MISS SAVITHA D/O LATE V. RANGAIAH AGED ABOUT 42 YEARS RESIDING AT NO.71, 7TH CROSS ROAD NANDAKUMAR LAYOUT AREHALLI, BENGALURU -560061. …PETITIONER (BY SRI. GANGADHARAPPA A V.,ADVOCATE) AND: R SHRINIVAS S/O LATE V. RANGAIAH AGED ABOUT 50 YEARS RESIDING AT NO.71, 7TH CROSS ROAD NANDAKUMAR LAYOUT, AREHALLI BENGALURU -560061. …RESPONDENT (BY SRI. A K VASANTH., ADVOCATE FOR SRI. A JAYAPRAKASH, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 04.12.2024 PASSED BY THE COURT OF XXII ADDL. SMALL CAUSES JUDGE AND ACMM AT BENGALURU IN S.C. NO. 776/2023 ON I.A.NO. V CERTIFIED COPY OF WHICH IS PRODUCED AS ANNEXURE-A AND BE PLEASED TO ALLOW I.A.NO.5 AS PRAYED FOR TRUE COPY WHICH IS PRODUCED AS ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:668 WP No. 204 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 04.12.2024 passed by the Court of XXII Addl. Small Causes Judge, Bengaluru on I.A.No.V filed under Section 10 of CPC in S.C.No.776/2023, whereby the Trial Court has rejected the said application. 2. Respondent-plaintiff has filed S.C.No.776/2023 for ejectment. After service of summons, the petitioner- defendant appeared and filed I.A.No.V under Section 10 of CPC seeking stay of S.C.No.776/2023 till the disposal of O.S.No.8558/2024 pending on the file of Addl. City Civil and Sessions Judge, Bengaluru on the ground that petitioner-defendant has filed a comprehensive suit for partition and separate possession. The Trial Court by impugned order has dismissed the said application. Hence, the present petition is filed. - 3 - NC: 2025:KHC:668 WP No. 204 of 2025 3. Learned counsel for the petitioner-defendant submits that the petitioner had filed O.S.No.3994/2019 for partition and separate possession in respect of one of the suit schedule properties in O.S.No.8558/2024. The said suit i.e., O.S.No.3994/2019 came to be dismissed. Being aggrieved, the petitioner filed RFA No.601/2023 before this Court and also filed an application for inclusion of the suit schedule properties. The said appeal came to be dismissed on 29.11.2024 reserving liberty to the petitioner herein to file a fresh suit for partition by including all the family members and joint family properties with the same cause of action. The subsequent suit i.e., O.S.No.8558/2024 filed by the petitioner is continuation to the earlier suit i.e., O.S.No.3994/2019. The Trial Court has erred in dismissing the application filed under Section 10 of CPC. 4. Learned counsel for caveator-respondent/plaintiff submits that the suit schedule property in S.C.No.776/2019 is not the suit schedule property as is in - 4 - NC: 2025:KHC:668 WP No. 204 of 2025 O.S.No.3994/2019. The suit schedule ‘A’ property in S.C.No.776/2023 has been included in O.S.No.8558/2024 for the first time. Therefore, the application filed by the petitioner-defendant under Section 10 of CPC is not maintainable since his suit filed before the Small Causes Court is the previous suit. Therefore, the Trial Court has rightly dismissed the application filed by the petitioner- defendant. 5. Heard the learned counsel for the parties. Perused the impugned order. 6. Admittedly, the petitioner-defendant had filed O.S.No.3994/2019 for partition and separate possession. The copy of the plaint is produced before this Court. The suit schedule property mentioned in the plaint is extracted hereunder: SCHEDULE All the piece and parcel of the immovable House Property bearing No.2/1, BBMP PID No.49-29-2/1, 4th Cross, Situated at Dhobi Nanjappa Block, K.G. Nagar, - 5 - NC: 2025:KHC:668 WP No. 204 of 2025 Bangalore 560 019, consisting of ground and first floor, constructed on the site measuring: East to West : 30 feet and North to South : 50 feet And bounded on East by : Conversancy Line West by : Subramanyaraju Property North by : Road South by : Vemanna Reddy Property 7. Accordingly, the plaint copy of S.C.No.776/2023 is appended as Annexure-C to the present writ petition. The suit schedule properties mentioned in the plaint is extracted hereunder: SCHEDULE 'A' PROPERTY All that piece and parcel of the House Property bearing No.71, BBMP Katha No.14/2/71, 7th Cross, situated at Nandakumar Layout, Arehalli, Utttarhalli Hobli, Bangalore South Taluk, Bangalore - 560061, consisting of ground and first floors constructed on the said property measuring East to West 60 feet and North to South 40 feet and bounded on: East by : Road West by : Site No. 126 North by : Site No.70 South by : Site No.72. SCHEDULE "B" PROPERTY All that piece and parcel of the First Floor house of the Property bearing No.71, BBMP Katha No.14/2/71, 7th Cross, situated, at Nandakumar Layout, Aréhalli, Utttarhalli Hobli, Bangalore South Taluk, Bangalore - - 6 - NC: 2025:KHC:668 WP No. 204 of 2025 560061, consisting of one hall, one room, kitchen, toilet, and measuring 510 Square Feet (approximately), which is bounded on:- East by : Road West by : Remaining portion of the Plaintiff's property, North by : Private Property, South by : Remaining portion of the Plaintiff's property. 8. On going through the suit schedule properties mentioned in both the suits, it is very clear that the suit schedule property in O.S.No.3994/2019 is not similar to the suit schedule property in S.C.No.776/2023. 9. Section 10 of CPC is very clear that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. 10. In the previously instituted suit in O.S.No.3994/2019, the suit schedule property is not similar to the one instituted later in S.C.No.776/2023. After the dismissal of RFA with liberty to file fresh suit inclusive of all the suit schedule properties, the petitioner- defendant has filed O.S.No.8558/2024. In the said suit, - 7 - NC: 2025:KHC:668 WP No. 204 of 2025 the petitioner has included the suit schedule property of S.C.No.776/2023. 11. Since O.S.No.8558/2024 is filed subsequent to filing of S.C.No.776/2023, the Trial Court has rightly dismissed the application filed under Section 10 of CPC on the ground that the petitioner has filed a comprehensive suit subsequent to filing of suit S.C.No.776/2023. 12. In view of the above, no jurisdictional error is found in the impugned order passed by the Trial Court to invoke the supervisory jurisdiction vested under Article 227 of the Constitution of India. 13. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 10