- 1 - NC: 2025:KHC:14495 WP No. 17261 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17261 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SHANTHAMMA W/O LATE M RAJANNA @ M RAJAPPA AGED ABOUT 73 YEARS 2. R SELVAKUMAR S/O LATE M RAJANNA @ M RAJAPPA AGED ABOUT 43 YEARS BOTH ARE R/AT NO.38 CHAVARA CHURCH ROAD EJIPURA VIVEKNAGARA POST BANGALORE-560047. 3. SMT RADHA D/O LATE M RAJANNA @ M RAJAPPA AGED ABOUT 51 YEARS R/AT VARADHAPURA WARD NO.22 HOSKOTE TOWN BANGALORE 562114 4. M/S RETAIL WORX INDIA PVT LTD REP BY ITS CEO AND FOUNDER MR RAJIV RAO R/AT NO.2 20TH L CROSS NEXT TO MEGA GYM EJIPURA VIVEKNAGARA POST BANGALORE 560047. …PETITIONERS (BY SRI. SATYANAND B S., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14495 WP No. 17261 of 2024 AND: 1. MR. R. MUNIYAPPA S/O LATE M RAJANNA @ M RAJAPPA AGED ABOUT 54 YEARS R/AT NO.32 H L NO.40 20TH CROSS NEAR BHAJANE MANE EJIPURA VIVEKNAGARA POST BANGALORE 560047. 2. MR R MUKUNDAN S/O LATE M RAJANNA @ M RAJAPPA AGED ABOUT 48 YEARS NO.04 20TH J CROSS EJIPURA VIVEKNAGARA POST BANGALORE 560047. 3. MR R VIJAYAPPA S/O LATE M RAJANNA @ M RAJAPPA AGED ABOUT 46 YEARS R/AT NO.38 CHAVARA CHURCH ROAD EJIPURA VIVEKNAGARA POST BANGALORE 560047. 4. MR M ARUN KUMAR S/O MR R MUNIYAPPA AGED ABOUT 27 YEARS R/AT NO.32 H L NO.40 20TH CROSS NEAR BHAJANE MANE EJIPURA VIVEKNAGARA POST BANGALORE 560047. 5. MR V RAVI KUMAR S/O MR R VIJAYAPPA AGED ABOUT 26 YEARS R/AT NO.38 CHAVARA CHURCH ROAD EJIPURA VIVEKNAGARA POST BANGALORE 560047. …RESPONDENTS (BY SRI. T K RAJAGOPALA ., ADVOCATE FOR C/R1 & R2: SRI. LINGAPPA C., ADVOCATE FOR R3 TO R5) - 3 - NC: 2025:KHC:14495 WP No. 17261 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT, QUASHING OR SET ASIDE THE IMPUGNED ORDERS DATED: 06.06.2024, IN MISC. NO. 169/2024, PASSED BY THE LEARNED PRL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH NO. 1) PRODUCED AT ANNEXURE-A -Q AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER Petitioner Nos. 1 to 3 have filed a suit in O.S.No.2540/ 2021 against the respondents herein for the relief of partition and separate possession of their 1/6th share in 5 items of the properties more fully described in Schedule ‘A’ of the plaint. The same is pending before CCH No.16. Similarly, respondent Nos. 1 and 3 have filed a suit in O.S.No.574/2022 against the petitioner No.4 herein for ordering eviction from the suit schedule property having eastern portion of the residential site No.2 formed out of Sy.No.31 situated at 20th L Cross, Ejipura Village and for other reliefs including recovery of arrears of rent. The said suit is pending in CCH No.43. 2. Admittedly, the suit schedule property in O.S.No.574/ 2022 is a portion of item No.3 in suit schedule ‘A’ property of suit in O.S.No.2540/2021. - 4 - NC: 2025:KHC:14495 WP No. 17261 of 2024 3. The petitioners have filed a petition under Section 24 r/w. Section 151 of CPC to transfer the suit in O.S.No.574/2022 pending before CCH 43 to CCH 16 where O.S.No.2540/2021 is pending, on the ground that the later suit is a comprehensive suit and respondent Nos. 1 and 3 have filed a suit in O.S.No.574/2022 based on bogus and illegal documents. 4. The respondent No.1 has objected for transferring the suit. He contended that, just to drag the matter, they have filed a petition for transfer. 5. It is not in dispute that the suit properties involved in O.S.No.574/2022, which is pending on the file of CCH 43, is apart of the suit schedule property in O.S.No.2540/2021. The plaintiff in O.S.No.574/2022 has filed eviction petition on the basis of rental agreement. In O.S.No.574/2022, the plaintiffs are claiming a right on the basis of the partition deed dated 15.02.2021, whereas the plaintiffs in O.S.No.2540/2021 have sought for a declaration to declare that the partition deed dated 15.02.2021 is null and void. 6. In view of the above, to avoid conflict of decision, it is necessary to allow the application to transfer O.S.No.574/2022 - 5 - NC: 2025:KHC:14495 WP No. 17261 of 2024 pending before CCH-43 to the Court of XVII Additional City Civil and Sessions Judge, Bengaluru. 7. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) Misc.Petition No.169/2024 dated 06.06.2024 on the file of the Principal City Civil and Sessions Judge, Bengaluru is allowed. (iii) O.S.No.574/2024 pending before XLII Additional City Civil and Sessions Judge (CCH-43), Bengaluru be transferred to the Court of XVII Additional City Civil and Sessions Judge, Bengaluru where O.S.No.2540/2021 is pending. (iv) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 73