- 1 - HC-KAR NC: 2025:KHC:23935 CRP No. 612 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 612 OF 2023 (IO) BETWEEN: SRI. RANGANATHA S/O. LATE BANDIRANGAIAH, AGED ABOUT 44 YEARS, R/AT KARIKERE VILLAGE, CHIKKATHOTLUKERE POST, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. …PETITIONER (BY SRI. AMRUTH A.N, ADVOCATE) AND: 1. SMT. RADHAMANI D/O. ESWARAIAH, W/O. GURUSIDDAPPA, AGED ABOUT 38 YEARS, R/AT HONASIGERE VILLAGE, HEBBUR HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 120. SRI. BANDIRANGAIAH DEAD BY LRS., Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23935 CRP No. 612 of 2023 2. SMT. BHAGYAMMA, W/O. LATE BANDIRANGAIAH, AGED ABOUT 61 YEARS, 3. SRI. SHIVANNA S/O. LATE BANDIRANGAIAH, AGED ABOUT 44 YEARS, AGED ABOUT 54 YEARS, 4. SRI. JAGADEESHA S/O. LATE BANDIRANGAIAH, AGED ABOUT 31 YEARS, RESPONDENT NO.2 TO 4 ARE R/AT KARIKERE VILLAGE, CHIKKATHOTLUKERE POST, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. 5. SRI. SHIVAKUMAR S/O. LATE RANGASWAMAIAH, AGED ABOUT 54 YEARS, 6. SRI. MANJUNATHA S/O. LATE RANGASWAMAIAH, AGED ABOUT 49 YEARS, 7. SRI. RAJASHEKAR S/O. LATE RANGASWAMAIAH, AGED ABOUT 43 YEARS, 8. SRI. RAVEESHA S/O. LATE ESWARAIAH, AGED ABOUT 35 YEARS, - 3 - HC-KAR NC: 2025:KHC:23935 CRP No. 612 of 2023 THE RESPONDENT NO.5 TO 9 ARE ALL R/AT KODIHALLI VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. 9. SMT. RATHNAMMA D/O. LATE RANGAIAH, W/O. SIDDAGANGAPPA, AGED ABOUT 61 YEARS, R/AT NO. 1, 'B' BLOCK, OPP. GOUSIYA POLYTECHNIC, HOSURU ROAD, MADIVALA POLICE QUARTERS, BANGALORE - 560 029. …RESPONDENTS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R1; VIDE ORDER DATED 17.11.2023, NOTICE TO R2 TO R9 IS DISPENSED WITH) THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST ORDER DATED 08.08.2023 PASSED ON IA IN OS NO.204/2018 ON THE FILE OF V ADDITIONAL CIVIL JUDGE AND VI JMFC, TUMKUR, DISMISSING THE IA FILED UNDER ORDER 7 RULE 11 R/W SEC. 151 OF CPC., FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:23935 CRP No. 612 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 08.08.2023 passed in O.S.No.204/2018 rejecting the application of the petitioner - defendant filed under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 ('the CPC' for short). 2. Heard Shri Amruth A.N., learned counsel appearing for the petitioner and Shri V.B. Siddaramaiah, learned counsel appearing for respondent No.1. 3. The petitioner is the defendant, the respondent is the complainant in the aforesaid OS. An application is preferred under Order VII Rule 11 of the CPC seeking rejection of the plaint, that comes to be rejected. During the submissions, the learned counsel appearing for the respondent No.1 - plaintiff submits that this very petitioner has preferred O.S.No.490/2018 for the very same relief. The relief is seeking partition. The said suit is pending adjudication. During the - 5 - HC-KAR NC: 2025:KHC:23935 CRP No. 612 of 2023 pendency of the said suit, the parties are before Civil Court in O.S.No.204/2018. 3. Both the learned counsel appearing for the petitioner and respondent No.1 would in unison submit that if both the suits are heard by the same Court, do not clubbing, but together would suffice at this juncture. 4. In the light of the submission of both the counsels appearing for the parties, I deemed it appropriate to dispose the petition with a direction to the concerned Court to hear both the suits i.e., O.S.Nos.490/2018 and 204/2018 together, not clubbing, but in seriatim on the same day and before the same Court. 5. In the light of the fact that the parties to the lis are common in both the cases, the property that are sought for partition differ. Therefore, suits for partition could be taken up together and avoid conflicting orders on the same issue. Therefore, the Court hearing O.S.No.490/2018 shall also hear the O.S.No.204/2018. - 6 - HC-KAR NC: 2025:KHC:23935 CRP No. 612 of 2023 6. It is made clear that the suits are not clubbed, but are directed to be heard together by the same Court, at the same time. 7. In that light of the submission in unison, the petition thus stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 59 CT: BHK