- 1 - NC: 2025:KHC:12607 CP No. 8 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 8 OF 2025 BETWEEN: 1. SMT.MANASA WIFE OF LATE CETHAN KUMAR, AGED ABOUT 31 YEARS, RESIDING AT KULUMEPALYA, HUTRIDURGA HOBALI, KUNIGAL TALUK, TUMKUR DISTRICT- 572 126 2. KUM.SIRI DAUGHTER OF LATE CHETHAN KUMAR, AGED ABOUT 5 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT- 572 126 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT. MANASA …PETITIONERS (BY SRI. PUNITH C., ADVOCATE) AND: 1. SMT. SHANTHAMMA DAUGHTER OF LATE VENKATARAMANACHAR, WIFE OF NANJACHAR, AGED ABOUT 62 YEARS, RESIDING AT #170, 3RD STAGE, 4TH BLOCK, JC NAGAR, NEAR IYYAPPA STORE, BASAVESHWARANAGARA, BENGALORE -560 079 2. SMT. RATHNAMMA, DAUGHTER OF LATE VENKATARAMANACHAR, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12607 CP No. 8 of 2025 AGED ABOUT 61 YEARS, RESIDING AT NEAR GOVET SCHOOL, MAGADI MAIN ROAD, CHIKKAGOLLARAHATTI, BANGALORE -560 091 3. SMT. NAGALAKSHMI, WIFE OF LATE SHIVANNACHAR, AGED ABOUT 64 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT- 572 126 4. SRI.VENKATESHCHAR, SON OF LATE SHIVANNACHAR, AGED ABOUT 49 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT- 572 126 5. SRI.SRINIVASACHAR, SON OF LATE SHIVANNACHAR, AGED ABOUT 47 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT- 572 126 6. SRI.LAKSHMINARAYANA, SON OF LATE SHIVANNACHAR, AGED ABOUT 45 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 126 7. SMT.RATHNAMMA, WIFE OF LATE RAJANNACHAR, AGED ABOUT 57 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 126 8. SMT.SUMITHRA, DAUGHTER OF LATE RAJANNACHAR, AGED ABOUT 41 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, - 3 - NC: 2025:KHC:12607 CP No. 8 of 2025 TUMAKURU DISTRICT-572 126 9. SMT.RAJAMMA, DAUGHTER OF LATE RAJANNACHAR, AGED ABOUT 40 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 126 10. SMT.ASHA, DAUGHTER OF LATE RAJANNACHAR, AGED ABOUT 37 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 126 11. SMT.DIVYA, DAUGHTER OF LATE RAJANNACHAR, AGED ABOUT 36 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 126 12. SMT. SHASHIKALA, DAUGHTER OF LATE RAJANNACHAR, AGED ABOUT 35 YEARS, RESIDING AT NEAR GOVT SCHOOL, MAGADI MAIN ROAD, CHIKKAGOLLARAHATTI, BANGALORE -560 091 13. KUM.NETRAVATHI.H.E, DAUGHTER OF LATE ESHWARACHAR, AGED ABOUT 23 YEARS, RESIDING AT HONARAYANAHALLI, MADALAKOTE, NELAMANGALA, BANGALORE -562 123 14. SMT.GANGAMMA, DAUGHTER OF LATE VENKATARAMANACHAR, WIFE OF GOPALACHAR, AGED ABOUT 56 YEARS, RESIDING AT KULUMEPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 126 …RESPONDENTS - 4 - NC: 2025:KHC:12607 CP No. 8 of 2025 (R1- SERVICE OF NOTICE IS HELD SUFFICIENT V.C.O. DT:27.02.2025 R3- R7 & R9 TO R11- SERVICE OF NOTICE IS DISPENSED WITH V.C.O. DT: 21.03.2025 R2, R8, R12, R13 & R14 ARE SERVED) THIS CP FILED U/S. 24 OF CPC 1908, PRAYING TO WITHDRAW THE SUIT IN OS NO.4817/2022 NOW PENDING ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-2) AND TO TRANSFER TO THE COURT OF PRL. CIVIL JUDGE AND JMFC, KUNIGAL OR IN THE ALTERNATIVE AND TO WITHDRAW THE SUIT IN OS NO.325/2023 NOW PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KUNIGAL AND TO TRANSFER TO THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-2), WHERE IN OS NO.4817/2022 IS PENDING. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of O.S.No.4817/2022 pending on the file of the I Addl. City Civil Sessions Judge, Bangalore to the Court of Principal Civil Judge and JMFC, Kunigal or in the alternative to withdraw the suit in O.S No. 325/2023 pending on the file of the Principal Civil Judge and JMFC, Kunigal and to transfer it to the I Additional City Civil and Session Judge, Bangalore. 2. It is submitted that the petitioners before this court are the defendant Nos.1 and 2 in the suit that are filed before the - 5 - NC: 2025:KHC:12607 CP No. 8 of 2025 Courts at Bangalore i.e., O.S.4817/2022 and they are arrayed as defendant Nos.11 and 12 in O.S.325/2025 filed before the Kunigal Court. 3. It is submitted that in both the cases schedule properties are five in number, out of that four properties are within the jurisdiction of Kunigal court and one property is within the jurisdiction of Bangalore Court. The sister-in-law of the petitioner herein has filed the suit in Bangalore. Thereafter, respondent No.2 in the present case has filed the suit before the courts at Kunigal. It is submitted that in the suit at Bangalore, there are only 3 defendants whereas in the suit filed by the respondent herein, there are about 14 defendants in the suit. It is submitted that the suit is a comprehensive suit which is filed before the court at Kunigal and he submits that he has no objection either to transfer the pending suit from Kunigal to Bangalore or Bangalore to Kunigal but the purpose of filing this petition is if both the suits are decided by the same court, there will not be any scope for conflicting of judgments and it would be in the interest of both the parties. - 6 - NC: 2025:KHC:12607 CP No. 8 of 2025 4. Respondent Nos.1,2,8,12,13,14 are served and no vakalath is filed on their behalf. On 27.02.2025 notice to R-1 is held sufficient and by order dated 21.03.2025 notice to R-3 to R-7 and R-9 to R-11 is dispensed with at the risk of the appellant. 5. Having heard the learned counsel for the petitioner, perused the material on record. The material on record discloses that one suit is filed before the Courts at Bangalore, other is filed at Kunigal. Both the cases are filed seeking relief of partition. In the suit at Bangalore there are only 3 respondents whereas in the suit at Kunigal there are 14 defendants and four of the properties are situated at Kunigal and only one property is situated at Bangalore. 6. Considering the fact that the suit is between the same parties and the properties are also same, it would be in the interest of the parties and also to avoid conflicting of the judgment. This court deems it appropriate to pass the following: - 7 - NC: 2025:KHC:12607 CP No. 8 of 2025 ORDER i. The O.S.No.4817/2022 pending on the file of the I Additional City Civil & Sessions Judge, Bangalore is withdrawn and transferred to the Principal Civil Judge and JMFC Court, Kunigal to be tried along with O.S.No.325/2023. ii. Accordingly, the Civil Petition is Allowed. iii. All pending I.As., in the civil petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 17