- 1 - HC-KAR NC: 2025:KHC:29046 WP No. 35376 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 35376 OF 2024 (GM-CPC) BETWEEN: 1. SRI. SHASHIKUMAR.C.A. S/O LATE M.ANNAPPA, AGED 58 YEARS, 2. SRI. C.A.ROJAKUMAR S/O LATE M.ANNAPPA, AGED 45 YEARS, BOTH ARE RESIDING AT CHOKKASANDRA VILLAGE, HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560 099. …PETITIONERS (BY SRI. JAGADEESHACHARI., ADVOCATE) AND: 1. SRI. T.NARAYANASWAMY S/O THIMMAIAH, AGED 63 YEARS, RESIDING AT CHOKKASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560 099. 2. SRI. MUNIYAPPA S/O MUNISWAMY, AGED ABOUT 67 YEARS, 3. SRI. SURESH S/O VENKATASWAMY, AGED ABOUT 45 YEARS, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29046 WP No. 35376 of 2024 4. SRI. MUNIYAPPA S/O VENKATAPPA, AGED ABOUT 63 YEARS, ALL ARE RESIDING AT CHOKKASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560 099. …RESPONDENTS (BY SRI. MADHUSUDAN., ADVOCATE FOR SRI. VISWANATHA SETTY.V., ADVOCATE FOR R1 & 4; SMT. VIDYA SELVAMONY., ADVOCATE FOR M/S.LEGAL AID TRUST., FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Jagadeeshachari., counsel for the petitioners, Sri.Madhusudan., counsel on behalf of Sri.Viswanatha Setty.V., for respondents 1 and 4 and Smt.Vidya Selvamony., counsel for M/s.Legal Aid Trust for respondents 2 and 3 have appeared in person. 2. The short facts are these: - 3 - HC-KAR NC: 2025:KHC:29046 WP No. 35376 of 2024 The petitioners being the plaintiffs filed a suit seeking certain reliefs in O.S.No.674/2024. In the said suit, Muniyappa S/o.Muniswamy is the second defendant. It is noted that the second defendant along with others filed a suit in O.S.No.276/2021 seeking partition and separate possession and other reliefs. Suffice it to note that the second defendant Muniyappa (in O.S.No.674/2024) filed an application under Section 10 R/w. Section 151 of CPC for stay of all further proceedings pending disposal of O.S.No.276/2021. The plaintiffs filed statement of objections to the said application. The Trial Court vide order dated 05.11.2024 allowed the application. Hence, the plaintiffs have filed the present Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. It is not in dispute that the suit filed by second defendant (Muniyappa) along with others is earlier point in time and the suit filed by the petitioners is later in time. Suffice it to - 4 - HC-KAR NC: 2025:KHC:29046 WP No. 35376 of 2024 note that both the suits are pending before the same Court. Counsel for the respective parties jointly submits that they have no objection if an order is passed for clubbing of the suits. The oral submission about clubbing of the suits is placed on record. A direction is issued to the Trial Court i.e., Addl. Senior Civil Judge and JMFC, Anekal to club O.S.No.674/2024 with O.S.No.276/2021. After the clubbing of the suits, the Trial Court should proceed further in the matter in accordance with the law. Needless to say the parties shall co-operate with the Trial Court for the disposal of the suits at the earliest. Clubbing of the suits has been ordered, hence there is no point in staying the further proceedings. Therefore, the order passed by the Trial Court is liable to be set-aside. Accordingly, the order dated 05.11.2024 passed by II Addl. Senior Civil Judge and JMFC, Anekal on I.A.No.7 in O.S.No.674/2024 vide Annexure-H is set-aside. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 43