- 1 - NC: 2025:KHC:9766 WP No. 4721 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4721 OF 2025 (GM-CPC) BETWEEN: SMT SUSHEELAMMA D/O SRI SONNAPPA W/O LATE M.NARAYANAPPA AGED ABOUT 82 YEARS R/AT NO.06, SONNAPPA BLOCK BHARATH MATHA LAYOUT VENKATESHAPURAM, ARABIC COLLEGE POST BENGALURU - 560 005. …PETITIONER (BY SRI. SIDDESWARA N K., ADVOCATE) AND: SRI M VADIVELU S/O SRI. P MAREE AGED ABOUT 62 YEARS RESIDING AT NO.51 VIMALA GARDEN BHARATH MATHA LAYOUT VENKATESHAPURAM, ARABIC COLLEGE POST BENGALURU-560 005. …RESPONDENT (BY SRI.M T NANAYYA, SENIOR COUNSEL FOR SRI. S RAJ PRABHU., ADVOCATE C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED:20.01.2025 PASSED BY THE LEARNED XV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH.NO. 3) ON I.A.NO.1/2024 FILED BY THE PETITIONER UNDER SECTION 10 R/W SECTION 151 OF CPC IN OS.NO. 6034/2014 C/W O.S.NO.4220/2014 AS PER ANNEXURE-M AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9766 WP No. 4721 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 Article 227 of the Constitution of India is filed by the petitioner challenging the order dated 20.01.2025 passed by the XV Additional City Civil Judge, Bengaluru on I.A.No.1/2024 under Section 10 of CPC in O.S.No.6034/2014 C/w O.S.No.4220/2014, whereby the application filed by the defendant has been dismissed. 2. The petitioner herein had filed the suit in O.S.No.6346/2016 for cancellation of the Sale Deed dated 28.02.2007. The respondent herein had filed the suits in O.S.No.6034/2014 against the defendant for ejectment and in O.S.No.4220/2014 for permanent injunction restraining the defendant and her men by way of permanent injunction from cutting the trees in the suit schedule property. - 3 - NC: 2025:KHC:9766 WP No. 4721 of 2025 3. When the suits in O.S.Nos.6034/2014 and 4220/2014 filed by the respondent herein were posted for arguments, the petitioner herein filed I.A.No.1/2024 under Section 10 read with Section 151 of the CPC, seeking stay of all further proceedings in the suits in O.S.No.6304/2014 C/w O.S.No.4220/2014 until the disposal of the suit in O.S.No.6346/2016 filed by the petitioner herein. 4. The suit filed by the petitioner herein was in the year 2016. Even after the lapse of eight years, she has not made any efforts to file an application for staying the further proceedings in the suits filed by the respondent herein. This Court, in W.P.No.58572/2015, disposed of on 25.01.2016, directed the trial Court to dispose of the suits filed by the respondent herein as early as possible. 5. The application filed by the petitioner herein under Section 10 read with Section 151 of the CPC is for seeking stay of all further proceedings in the suits filed by the respondent herein in O.S.No.6034/2014 C/w O.S.No.4220/2014, which have been set down for - 4 - NC: 2025:KHC:9766 WP No. 4721 of 2025 arguments, until the disposal of the suit in O.S.No.6346/2016 filed by the petitioner herein. 6. As per Section 10 of CPC, the matter in the later suit is found to be directly and substantially in issue in the previously instituted suit, the later suit has to be stayed. In the case on hand, the petitioner herein is seeking for stay of previously instituted suit. Such application is not maintainable under the provisions of Section 10 of CPC. 7. Therefore, the trial Court has rightly dismissed the application filed by the petitioner herein. There is no error or illegality in the order dated 20.01.2025 passed by the XV Additional City Civil Judge, Bengaluru on I.A.No.1/2024. 8. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 14