- 1 - NC: 2025:KHC:4760 WP No. 2956 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2956 OF 2025 (GM-CPC) BETWEEN: SRI VENKATESHAPPA S/O LATE NARAYANAPPA @ KURIGALA NARAYANAPPA AGED ABOUT 86 YEARS R/AT BANAHALLI VILLAGE KAIWARA POST /HOBLI CHINTAMANI TALUK CHIKKABAALLPUR DISTRICT-563125 …PETITIONER (BY SRI. RAVI PRAKASH V.,ADVOCATE) AND: 1. SMT JAYAMMA D/O LATE NARAYANAPPA @ KURIGALA NARAYANAPPA AGED ABOUT 81 YEARS W/O LATE RAMAPPA R/AT MYLAPURA VILLAGE CHINNASANDRA POST KAIWARA HOBLI, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT- 563125. 2. CHENNAKESHAVAPPA S/O LATE NARAYANAPPA @ KURIGALA NARAYANAPPA AGED ABOUT 72 YEARS R/AT BANAHALLI VILLAGE KAIWARA POST/HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563125. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4760 WP No. 2956 of 2025 3. KRISHNAPPA S/O LATE NARAYANAPPA @ KURIGALA NARAYANAPPA AGED ABOUT 72 YEARS R/AT BANAHALLI VILLAGE KAIWARA POST /HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563125. 4. SMT. C ANURADHA W/O LATE B N NARAYANASWAMY AGED ABOUT 55 YEARS R/AT BANAHALLI VILLAGE KAIWARA POST /HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563125. 5. SMT MEGHNA B N D/O LATE B N NARAYANSWAMY W/O LAKSHMI PRASAD AGED ABOUT 32 YEARS R/AT MALLIMAKANAPURA VILLAGE KASABA HOBLI, HOSKOTE TLAUK BANGALORE RURAL DISTRICT-562114. 6. SRI NAGENDRA B N S/O LATE B N NARAYANSWAMY AGED ABOUT 29 YEARS R/AT BANAHALLI KAIWARA POST /HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563125. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED: 4/12/2024 PASSED BY HONBLE SENIOR CIVIL JUDGE AND JMFC AT CHINTAMANI IN O.S NO 124/2018 VIDE ANNEXURE-H TO THIS WRIT PETITION AND CONSEQUENTLY ALLOW IA NO-31 FILED BY PETITIONER/DEFENDANT NO-1 CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. - 3 - NC: 2025:KHC:4760 WP No. 2956 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner/defendant No.1, challenging the order dated 04.12.2024 passed by the Senior Civil Judge and JMFC, Chintamani on I.A.No.31 filed under Section 151 of CPC in O.S.No.124/2018, whereby the trial Court dismissed the said application. 2. The plaintiff has filed the suit in O.S.No.124/2018 for partition and separate possession. 3. When the matter was posted for evidence before the trial Court, defendant No.1 filed an application for clubbing O.S.No.124/2018 with O.S.Nos.14/2013, 136/2015 and 78/2023 and to pass a common order on the merits, on the ground that he has purchased the properties from family members. - 4 - NC: 2025:KHC:4760 WP No. 2956 of 2025 4. In all the aforementioned suits, the parties involved are not the same and even the properties are also different. Only the petitioner is a party in all the cases. Therefore, the trial Court rightly dismissed the application on the ground that there was no need to club the matters for common evidence since the parties and the properties are different. 5. Therefore, there is no any illegality or perversity in the order passed by the trial Court. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 3