- 1 - HC-KAR NC: 2025:KHC:23517 WP No. 35464 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 35464 OF 2024 (GM-CPC) BETWEEN: 1. SMT. NOORI, AGED ABOUT 46 YEARS, D/O. BASHU SAB, SHOP NO. 1, SUBEDAR CHATRAM ROAD CIRCLE, NEAR GOVERNMENT SCHOOL, YESHWANTHAPURA, BENGALURU- 560022. …PETITIONER (BY SMT. AISHWARYA PRASAD, ADVOCATE FOR SRI. S.V. SRINIVAS, ADVOCATE) AND: 1. SMT. V. AMRUTHA, AGED ABOUT 68 YEARS, W/O B.R. NANJUNDAPPA, RESIDING AT NO. 652/8, BANDEPPA STREET, YESHWANTHAPURA, BENGALURU-560022. …RESPONDENT (BY SRI. C SHANKAR REDDY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE ORDER ON I.A NO. 7 DTD 01.10.2024 PASSED BY THE XXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-30) IN O.S.NO.733/2018, PRODUCED AS ANNEXURE-J AND CONSEQUENTIALLY ALLOW THE SAID APPLICATION IN TERMS OF THE PRAYER THEREIN AND ETC. THIS PETITION, COMING ON FOR BEING SPOKEN TO, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23517 WP No. 35464 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is the defendant. A suit in O.S.No.733/2018 seeking for declaration and possession is instituted by the respondent-plaintiff. The suits are 18 in number. 2. Heard Smt.Aishwarya Prasad, learned counsel for Sri.S.V.Srinivas, learned counsel for the petitioner and Sri.C.Shankar Reddy, learned counsel for the respondent and have perused the material on record. 3. Learned counsel for the petitioner submits since the issues that are framed in all the cases are similar, a direction was sought before the concerned Court for suits to be clubbed and heard together. 4. Learned counsel for the respondent-plaintiff submits that in every case, the defendant is different, issues may be similar but since the defendant is different in every case, they - 3 - HC-KAR NC: 2025:KHC:23517 WP No. 35464 of 2024 have been allotted the shops, it cannot be said that they project the similar contention. Each of the defendants would project the similar contention, is the submission of the learned counsel for the petitioner, stands to reason. 5. The concerned Court has rejected the application filed by the defendants seeking clubbing of the suits and passing a common order. The learned counsel for the petitioner would fairly submit that the Court is taking the matters in seriatim every time when it is listed. In that light, no prejudice would be caused to the parties to the lis, more so, in the light of the fact that the defendants are different. 6. Learned counsel for the petitioner submits that a direction be issued to the concerned Court to examine PW.1 who is common in all these cases in one go. If such an application is made by the defendants before the concerned Court, the concerned Court shall pass necessary orders in accordance with law, as that would save the time of the court. - 4 - HC-KAR NC: 2025:KHC:23517 WP No. 35464 of 2024 7. Except the aforesaid observation, I do not find any warrant to interfere with the order passed by the concerned Court. 8. The petition is thus disposed with the aforesaid observations. 9. It is needless to observe that the suit is of the year 2018 and the Court shall endeavour to conclude the proceedings as expeditiously as possible. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 2