- 1 - NC: 2025:KHC:8470 WP No. 5012 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5012 OF 2025 (GM-CPC) BETWEEN: SRI. K. GOPALA GOWDA S/O LATE SRI KRISHNAPPA AGED ABOUT 68 YEARS R/AT NO.4, SRI SAI NIVAS 1ST CROSS, M.L.A.LAYOUT R. T. NAGAR, BENGALURU-560032 …PETITIONER (BY SRI. RAJESWARA P N.,ADVOCATE) AND: 1. SRI. SRIRAM T. C. S/O LATE CHIKKANNA AGED ABOUT 58 YEARS 2. SRI. SURESH. T. C. S/O LATE CHIKKANNA AGED ABOUT 53 YEARS 3. SRI. GANGARAJU. T. C. S/O LATE CHIKKANNA AGED ABOUT 65 YEARS 4. SRI. SRINIVAS GOWDA S/O LATE SONNEGOWDA AGED ABOUT 63 YEARS 5. SRI. BYREGOWDA @ BHARATH S/O LATE SONNEGOWDA AGED ABOUT 59 YEARS 6. SRI. RAVI S/O LATE H. ANJINAPPA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8470 WP No. 5012 of 2025 AGED ABOUT 57 YEARS 7. SRI. T. K. RAMAKRISHNAPPA S/O LATE KRISHNAPPA AGED ABOUT 73 YEARS 8. SRI. T. K. RAMANJINAPPA S/O LATE KRISHNAPPA AGED ABOUT 70 YEARS 9. SRI. T. K. SUBRAMANI S/O LATE KRISHNAPPA AGED ABOUT 65 YEARS 10. SRI. PILLAMUNIYAPPA S/O LATE MUNIYAPPA AGED ABOUT 80 YEARS 11. SRI. KARIYAPPA S/O LATE MUNIYAPPA AGED ABOUT 75 YEARS 12. SRI. M. ANJINAPPA S/O LATE MUNIYAPPA AGED ABOUT 67 YEARS 13. SRI. NAGARAJ S/O LATE NANJAPPA AGED ABOUT 73 YEARS ALL ARE R/AT THARABANAHALLI VILLAGE JALA HOBLI, BANGALORE NORTH TALUK PRESENTLY R/AT YELAHANKA TALUK BENGALURU URBAN DISTRICT. …RESPONDENTS (BY SRI. RAVI PRAKASH., ADVOCATE FOR C/R2: SRI. ABHINAV R., ADVOCATE FOR R13: NOTICE TO R1, R3 TO R12 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICELE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE - 3 - NC: 2025:KHC:8470 WP No. 5012 of 2025 ORDER DATED 10.01.2025 ON IA.NO.IV IN O.S.NO.350/2020 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI ANNEXURE-A. 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 defendant No.7, challenging the order dated 10.01.2025 passed on I.A.No.IV filed by the plaintiffs under Section 151 of CPC, in O.S.No.350/2020 by the Additional Senior Civil Judge and JMFC, Devanahallli, whereby the trial Court has allowed the said application. 2. The plaintiffs filed the suit for declaration. After issuance of suit summons, the defendants appeared through counsel and filed the written statement. Thereafter, the plaintiffs filed I.A.No.IV under Section 151 of CPC seeking for clubbing of O.S.Nos.500/2016 and 712/2020 with O.S.No.350/2020. The trial Court, by - 4 - NC: 2025:KHC:8470 WP No. 5012 of 2025 impugned order dated 10.01.2025 has allowed the said application. Being aggrieved by the said order, the present petition is filed. 3. Learned counsel for the petitioner has submitted that in the earlier round of litigation, this Court in W.P.No.6051/2024 disposed of on 27.03.2024, granted liberty to respondent No.2 herein to file the application before the trial Court to club the said suits and also made it clear that if such an application is filed, the trial Court shall provide an opportunity to the petitioner to file objection and dispose of the said application on merits, in accordance with law. The impugned order dated 10.01.2025 does not disclose that the petitioner in the suit has been heard before passing the impugned order. He further submits that no notice has been served in the suit to the petitioner-defendant No.2. 4. In view of the above, since this Court has specifically directed in W.P.No.6051/2024, the application filed by - 5 - NC: 2025:KHC:8470 WP No. 5012 of 2025 plaintiff-respondent No.2 herein has to be considered after providing an opportunity to the petitioner-defendant No.7 and since the same has not been complied and on that ground itself, the impugned order is liable to be set aside. The learned counsel for the petitioner submits that the petitioner will appear without any further notice in the suit. 5. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 10.01.2025 passed on I.A.No.IV filed by the plaintiffs under Section 151 of CPC, in O.S.No.350/2020 by the Additional Senior Civil Judge and JMFC, Devanahallli, is set aside. c) The Trial Court is directed to reconsider the application in compliance with the order passed by - 6 - NC: 2025:KHC:8470 WP No. 5012 of 2025 this Court in W.P.No.6051/2024, in accordance with the law. d) The petitioner shall appear before the trial Court without any further notice in the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 13