- 1 - NC: 2025:KHC-D:2775 WP No. 101318 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101318 OF 2023 (GM-CPC) BETWEEN: 1. FAKIRAPPA S/O BASAPPA KULAGERI, AGE. 48 YEARS, OCC. AGRICULTURE, 2. SIDALINGAPPA S/O BASAPPA KULAGERI AGE. 43 YEARS, OCC. AGRICULTURE, 3. ANANDAPPA S/O BASAPPA KULAGERI AGE. 28 YEARS, OCC. AGRICULTURE, ALL ARE R/O LAKHAMAPUR, TQ. BADAMI, DIST. BAGALKOT-587201. …PETITIONERS (BY SRI. S C HIREMATH,ADVOCATE) AND: 1. RANGAWWA D/O SHANKRAPPA KOTI, AGE. 37 YEARS, OCC. ARICUTLURE, R/O LAKHAMAPUR, TQ. BADAMI, DIST. BAGALKOT-587201. 2. BASAVARAJ S/O SHANKRAPPA KOTI, AGE. 33 YEARS, OCC. AGRICULUTURE, R/O LAKHAMAPUR, TQ. BADAMI, DIST. BAGALKOT-587201. 3. SHOBHA D/O SHANKRAPPA KOTI, AGE. 31 YEARS, OCC. AGRICULTURE, R/O LAKHAMAPUR, TQ. BADAMI, DIST. BAGALKOT-587201. …RESPONDENTS (R1- R3 SERVED) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2775 WP No. 101318 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 11-01-2023 PASSED ON I.A.NO.9 IN O.S.NO.131/2015, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC BADAMI, A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-H AND ALLOW THE I.A.NO.9 AND CONSEQUENTLY EXCLUDE THE COUNTER CLAIM FILED BY THE RESPONDENTS AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of Certiorari quashing the impugned order dated 11.01.2023 passed on I.A.No.9 in O.S.No.131/2015, on the file of the Principal Civil Judge and JMFC Badami, a Copy of which is produced as per Annexure-H and allow the I.A.No.9 and consequently exclude he counter claim filed by the Respondents. ii. Any appropriate writ/order or direction as deemed fit and proper be issued. 2. The grievance of the petitioners is that an application in IA No.9 filed under Section 151 of the Code of Civil Procedure by the petitioner, who was - 3 - NC: 2025:KHC-D:2775 WP No. 101318 of 2023 the plaintiff in OS No.131 of 2015, seeking for rejection of the counterclaim filed by the respondents-herein has been dismissed vide impugned order dated 11.01.2023. 3. The submission is that the counterclaim which had been sought for in OS No.131 of 2015 has been separately sought for by the defendants-therein in OS No.167 of 2015 pending on the file of the Principal Civil Judge and JMFC, Badami and as such the same counterclaim could not have been sought for along with the written statement in OS No.131 of 2015. 4. Having gone through the papers and the orders which have been passed, it is clear that OS No.167 of 2015 are different from that in OS No.131 of 2015, inasmuch as there are additional parties in the said suit. The counterclaim having been filed would have to be considered on merits and necessary orders passed. The said counterclaim cannot be rejected on - 4 - NC: 2025:KHC-D:2775 WP No. 101318 of 2023 the basis of application under Order VIII Rule 6C, the matter requiring trial. 5. Insofar as the submission of counsel for the petitioner, that there will be multiplicity of suits, it will always be open for the petitioner-herein to file necessary application for clubbing of both the suits and for conduct of a common trial, since both the suits are pending before the same Court and as such, I am of the considered opinion that there cannot be any infirmity found in the order of the trial Court in the present matter. The petition stands dismissed. Reserving the aforesaid liberty. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 32