Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30870 WP No. 30934 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 30934 OF 2024 (GM-CPC) BETWEEN:
SMT NEETU MAHESH RAHEJA W/O MAHESH RAHEJA D/O LATE CHATURBUJ P NARANG AGED ABOUT 49 YEARS R/O RAHEJA REGAL, 1ST FLOOR NO.84, NEPEAN SEA HOUSE MUMBAI - 400 006. …PETITIONER (BY SRI. MAHAMAD TAHIR A.,ADVOCATE) AND:
1.
SMT KIRAN C NARANG W/O LATE SRI CHATURBUJ P NARANG AGED ABOUT 69 YEARS
2.
SRI NAVIN C NARANG S/O LATE SRI CHATURBUJ P NARANG AGED ABOUT 50 YEARS BOTH ARE R/AT NO. 322, GROUND FLOOR 5TH CROSS, 14TH MAIN, RMV EXTENSION SADASHIVANAGAR, BENGALURU - 560 080. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30870 WP No. 30934 of 2024
3.
SRI R NANDAKUMAR S/O LATE N RAJAN AGED ABOUT 46 YEARS R/AT NO. 30D2, ROSE MOUNT OOTACAMUND THE NILGRIS TAMILNADU - 643 001.
4.
SRI S S MOORTHY S/O MR C. SUBRAMANI AGED ABOUT 49 YEARS R/AT NO. 7/508 P O THALAIKUNDAH OOTACAMUND THE NILGIRS TAMIL NADU - 643 005.
5.
SRI Y GANESH S/O LATE B YELLAPPA AGED ABOUT 60 YEARS R/O YESHWANTHAPURA VILLAGE MALUR KASABA HOBLI KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI. VIKHAR AHMED B.,ADVOCATE FOR R1 AND R2;
SRI. B.G. NANJUNDARADHYA., ADVOCATE FOR R3 AND R4;
SMT. RASHMI R., ADVOCATE FOR SRI. B.S. RAGHU PRASAD., ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.9.2024 PASSED IN IA NO. III AND IV IN OS NO.
4400/2022 PASSED BY THE LXIII ACC AND SJ (CCH-64) BENGALURU AT ANNX-G AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR NC: 2025:KHC:30870 WP No. 30934 of 2024 ORAL ORDER
The present writ petition is against the order dated 30.09.2024 passed on I.A.Nos.3 and 4 by which the respondent Nos.3 to 5 herein were permitted to be impleaded as party defendants in the said suit.
2. After arguing the matter for sometime, learned counsel for the petitioner and learned counsel for respondent Nos.3 to 5 submit in unison that though the present suit in O.S.No.4400/2022 is filed by the petitioner herein seeking relief of partition against respondent Nos.1 and 2 in this petition, there are three other suits pending
consideration between the parties, namely; (i). Suit in O.S.No.880/2015 is filed by the plaintiff against the defendant for relief of bare injunction; (ii). suit in O.S.No.238/2018 filed by respondent No.5 against the petitioner and respondent Nos.1 to 4 seeking relief for permanent injunction; and (iii). Suit in O.S.No.1290/2022 filed by the petitioner herein seeking relief of declaration, declaring the deed of sale dated 06.12.2017 as null and
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HC-KAR NC: 2025:KHC:30870 WP No. 30934 of 2024 void and under which the respondent No.5 claims to have purchased item No.3 of the suit schedule property and the same is pending consideration.
3. It is further submitted that since common interest of the parties is being adjudicated in the aforesaid three suits, a direction be issued that all the three suits be made over to one Court to be tried analogously, to avoid any anomalous situation.
4. Submission is taken on record.
5. Since, the aforesaid suits involve common subject matter and common parties and in the light of joint
submissions made by the learned counsel for the parties, it would be appropriate to tried and dispose of all the three suits analogously.
6. Accordingly, the following:
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HC-KAR NC: 2025:KHC:30870 WP No. 30934 of 2024
ORDER
(a). The Principal City Civil and Sessions Judge, Bengaluru is directed to withdraw; (i). suit in O.S.No.238/2018 pending
consideration on the file of II Additional Civil Judge, Bengaluru Rural District seeking relief for permanent injunction; (ii). suit in O.S.No.880/2015, pending
consideration on the file of II Additional Civil Judge, Bengaluru Rural District seeking injunction; (iii). suit in O.S.No.4400/2022, pending
consideration on the file of LXII Additional City Civil and Sessions Judge, Bengaluru filed for partition; and place the same before I Additional Senior Civil Judge, Bengaluru Rural District, where suit in O.S.No.1290/2020 is being considered.
(b). On withdrawing and placing of the aforesaid suits as directed, all the three suites shall be heard and
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HC-KAR NC: 2025:KHC:30870 WP No. 30934 of 2024
disposed of analogously after affording sufficient opportunities to the parties in accordance with law.
Petition is disposed of accordingly. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 23