- 1 - NC: 2025:KHC:13197 WP No. 9125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9125 OF 2025 (GM-CPC) BETWEEN: SRI G GAJARAJ S/O LATE D.GOPAL, AGED ABOUT 65 YEARS, NO.1043/3, 6TH CROSS, SRIRAMAPURAM, BANGALORE, PIN-560021. PRESENTLY R/AT NO.975, 11TH MAIN, 3RD BLOCK, RAJAJINAGARA, BENGALURU-560 010. …PETITIONER (BY SRI. NARASIMHA MURTHY G V, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, HEAD OFFICE, HUDSON CIRCLE, BENGALURU - 560002. 2. THE EXECUTIVE ENGINEER (BBMP) DASARAHALLI DIVISION (NEAR MEI COLONY), BAGALAGUNTE, BANGALORE -560057. 3. THE ASSISTANT EXECUTIVE ENGINEER (BBMP) PEENYA INDUSTRIAL SUB-DIVISION DASARAHALLI ZONE, WARD NO-41, BANGALORE – 560058. …RESPONDENTS (NOTICE TO RESPONDENTS SERVED & UNREPRESENTED) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:13197 WP No. 9125 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER DTD.07.03.2025 ON I.A.NO.2/2024 UNDER SECTION 151 OF CPC IN O.S.NO.7940/2024 PENDING ON THE FILE OF THE HONBLE XL ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-41) AT (ANNX-E) AND MAY BE PLEASED TO AS PRAYED, CALL FOR THE RECORDS AND ETC. 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-plaintiff challenging the order dated 07.03.2025 passed by the XL Additional City Civil and Sessions Judge, Bengaluru, on I.A.No.2 filed under Section 151 of CPC in O.S.No.7940/2024, whereby the Trial Court has dismissed the said application. 2. The plaintiff has filed a suit for an injunction against Bruhat Bengaluru Mahanagara Palike (BBMP) and the Executive Engineer of BBMP, Dasarahalli Division. Previously, in respect of the very same property, the - 3 - NC: 2025:KHC:13197 WP No. 9125 of 2025 Mysore Electro Chemical Works Limited, Employees Co- operative Housing Society Limited (hereinafter referred to as the "Society" for short), represented by its General Power of Attorney (GPA) holder, Sri Gajaraj, filed O.S.No.4317/2010 against the Commissioner of BBMP and the Assistant Executive Engineer of the Peenya Industrial Sub-Division, Dasarahalli Zone. Subsequently, the Society withdrew the GPA executed in favor of Gajaraj and proceeded with the suit. Thereafter, the petitioner herein filed I.A.No.2 under Section 151 of the CPC, seeking to club O.S.No.7940/2024 with O.S.No.4317/2010 on the grounds that the subject matter involved in both suits is one and the same and involves the same parties. The trial Court, by the impugned order dated 07.03.2025, dismissed the application. Being aggrieved by the said impugned order, the present writ petition has been filed. 3. The suit in O.S.No.4317/2010 filed by the Society is of the year 2010 and is currently at the stage of arguments. The suit in O.S.No.7940/2024 was filed in - 4 - NC: 2025:KHC:13197 WP No. 9125 of 2025 2024 and is still at the stage of issuance of summons. Since O.S.No.4317/2010 has been pending for over a decade and is scheduled for arguments, clubbing both suits at this stage would cause injustice to the parties involved. Therefore, the said suits cannot be clubbed at this time. 4. Therefore, the trial Court has rightly dismissed the application. There is no error or illegality in the order passed by the trial Court. 5. At this stage, the learned counsel for the petitioner has submitted that, since the petitioner herein was represented the Society as the GPA holder, some of the documents belonging to the petitioner were marked in O.S.No.4317/2010. Therefore, he sought the return of the documents. 6. Accordingly, the writ petition is dismissed. - 5 - NC: 2025:KHC:13197 WP No. 9125 of 2025 7. If the petitioner files such an application for return of the documents, and if permitted by law, the trial Court is directed to consider the same, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 8