- 1 - NC: 2025:KHC:1298 WP No. 17189 of 2022 C/W WP No. 17182 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17189 OF 2022 (GM-CPC) C/W WRIT PETITION NO. 17182 OF 2022 (GM-CPC) IN WP No. 17189/2022 BETWEEN: SUNIL KUMAR S S/O LATE B.SHESHACHAR AGED 32 YEARS R/AT NO. 2071/3, PUSHPA NIVAS III MAIN 1ST CROSS, MCC A BLOCK DAVANAGERE-577 004. …PETITIONER (BY SRI. SANATHKUMAR SHETTY K.,ADVOCATE) AND: JAGADEESH ACHAR S/O LATE ANAND ACHAR AGED ABOUT 48 YEARS GOLDSMITH R/AT ASHOK NAGAR KONDAJI ROAD DAVANAGERE-577 004. …RESPONDENT (BY SRI. SHETTY DEEPAK., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-INTERFERE WITH THE COMMON ORDER DATED: 02.03.2022 PASSED ON Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1298 WP No. 17189 of 2022 C/W WP No. 17182 of 2022 I.A.NO.VI IN O.S.NO.152/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND CJM, DAVANAGERE VIDE ANNEXURE-A BY SETTING THE SAID ORDER ASIDE AND ETC. IN WP NO. 17182/2022 BETWEEN: S SUNIL KUMAR S/O LATE B.SHESHACHAR AGEDABOUT 32 YEARS R/AT NO. 2071/3, PUSHPA NIVAS III MAIN 1ST CROSS, MCC A BLOCK DAVANAGERE-577 004. …PETITIONER (BY SRI. SANATHKUMAR SHETTY K.,ADVOCATE) AND: SUMAN M S S/O JAGADEESH ACHAR AGED ABOUT 41 YEARS HOUSE WIFER/AT ASHOK NAGAR KONDAJI ROAD DAVANAGERE-577 004. …RESPONDENT (BY SRI. SHETTY DEEPAK.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-INTERFERE WITH THE COMMON ORDER DATED: 02.03.2022 PASSED ON I.A.NO.VII IN O.S.NO.98/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND CJM, DAVANAGERE VIDE ANNEXURE-A BY SETTING THE SAID ORDER ASIDE AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:1298 WP No. 17189 of 2022 C/W WP No. 17182 of 2022 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These petitions are filed by the plaintiff under Article 227 of the Constitution of India challenging the order dated 02.03.2022 passed on IA No.VI in O.S.No.152/2018 and the order dated 02.03.2022 passed on IA No.XVII in O.S.No.98/2018 by the Principal Civil Judge and CJM, Davanagere, whereby the applications filed by the plaintiff for clubbing both the suits O.S.Nos.152/2018 and 98/2018 are rejected. 2. 2. The plaintiff filed a suit in O.S.No.152/2018 for specific performance of contract dated 08.07.2015 against the respondent/defendant. He has also filed another suit in O.S.No.98/2018 for specific performance of contract dated 01.08.2015. 3. The trial court rightly rejected the said applications stating that even though the plaintiff is the same, the suit schedule properties are different, defendants are different and the transactions are entirely - 4 - NC: 2025:KHC:1298 WP No. 17189 of 2022 C/W WP No. 17182 of 2022 different. There is no error or illegality in the orders passed by the trial court. 4. In view of the above, the writ petitions are dismissed. 5. At this stage, learned counsel for the petitioner submits that the trial court be directed to post both the suits on the same day. 6. The trial court is directed to post O.S.No.98/2018 and 152/2018 on the same day for the convenience of the parties and dispose of the matter, as early as possible, not later than six months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 60