- 1 - NC: 2025:KHC:3017 WP No. 6624 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6624 OF 2023 (GM-CPC) BETWEEN: K S ASHOKA S/O K T SHIVANNA AGED ABOUT 45 YEARS R/AT NO. 29, T.K. LAYOUT MARUTHI TEMPLE ROAD BEHIND KAMAKSHI HOSPITAL KUVEMPU NAGAR, MYSURU -570023. …PETITIONER (BY SRI. PRITHVI RAJ B N.,ADVOCATE) AND: K S LATHAMANI D/O K T SHIVANNA AGED ABOUT 46 YEARS R/AT NO.29, T.K. LAYOUT MARUTHI TEMPLE ROAD BEHIND KAMAKSHI HOSPITAL KUVEMPUNAGAR, MYSURU-570023. …RESPONDENT (BY SRI. SANDEEP K.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED: 09.01.2023 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT MYSURU IN MISC.NO.104/2021 VIDE ANNEXURE-A AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3017 WP No. 6624 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the defendant No.1 under Article 227 of the Constitution of India, challenging the order dated 09.01.2023 passed by the Principal District and Sessions Judge, Mysuru on Misc. Petition filed by the petitioner under Section 24 of CPC. 2. The respondent herein filed a suit in O.S.No.487/2019 before the Principal Senior Civil Judge and CJM, Mysuru for partition and separate possession. Thereafter, the petitioner herein filed O.S.No.48/2020 before the Principal Senior Civil Judge and JMFC, K.R.Nagar seeking partition and separate possession. In both the suites, the parties are one and the same and the relief sought in both the suites are also one and the same. The subsequent suit filed by the petitioner herein in O.S.No.48/2020 has been stayed till the disposal of the previous suit, i.e., O.S.No.487/2019. Since the suit filed - 3 - NC: 2025:KHC:3017 WP No. 6624 of 2023 by the respondent herein is in respect of partition and separate possession, there is no reason forthcoming as to why the petitioner filed one more suit. Considering this aspect of the matter, the Principal District and Sessions Judge, Mysuru rightly dismissed the Misc.Petition No.104/2021 filed by the petitioner. There is no error or illegality in the order passed by the court below. 3. Hence, petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 69