- 1 - HC-KAR NC: 2025:KHC:35451 WP No. 24048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24048 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 – 560 032. …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 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35451 WP No. 24048 of 2025 5. SRI BYREGOWDA @ BHARATH S/O LATE SONNEGOWDA AGED ABOUT 59 YEARS 6. SRI RAVI S/O LATE H.ANJINAPPA 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 SRI PILLAMUNIYAPPA SINCE DEAD BY HIS LRS 10. SRI T.P.MURTHY S/O LATE PAILLAMUNIYAPPA AGED ABOUT 55 YEARS 11. SRI T.P.NARENDRA BABU S/O LATE PAILLAMUNIYAPPA AGED ABOUT 52 YEARS 12 SRI T.P.SATISH S/O LATE PAILLAMUNIYAPPA AGED ABOUT 49 YEARS - 3 - HC-KAR NC: 2025:KHC:35451 WP No. 24048 of 2025 13 SRI KARIYAPPA S/O LATE MUNIYAPPA AGED ABOUT 75 YEARS 14. SRI M.ANJINAPPA S/O LATE MUNIYAPPA AGED ABOUT 67 YEARS 15. SRI NAGARAJ S/O LATE NANJAPPA AGED ABOUT 73 YEARS ALL ARE R/AT THARABANAHALLI VILLAGE JALA HOBLI, BANGALORE NORTH TALUK PRESENTLY YELAHANKA TALUK BENGALURU URBAN DISTRICT – 562 157. …RESPONDENTS (BY SRI V.RAVIPRAKASH, ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE, THE ORDER DATED 28.07.2025 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: - 4 - HC-KAR NC: 2025:KHC:35451 WP No. 24048 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – defendant No.1 is before this Court calling in question an order dated 28.07.2025, passed by the Additional Senior Civil Judge & JMFC, Devanahalli, whereby, an interlocutory application – I.A.No.IV under Section 151 of the CPC, in O.S.No.350/2020, seeking a direction to club both suits in O.S.Nos.350/2020 and 500/2016, wherein, the reliefs being different and parties slightly different, comes to be allowed. 2. Heard Sri Rajeswara P.N., learned counsel for petitioner and Sri V. Raviprakash, learned counsel for caveator - respondent No.2. Notice to respondent Nos.3 to 15 is dispensed with. 3. Learned counsel appearing for the parties would submit that both the suits are before the same Court. 4. Learned counsel for the petitioner takes this Court through an order passed by the coordinate bench in W.P.No.2332/2024, disposed on 24.01.2024, which had directed conclusion of the suit in O.S.No.500/2016 within an outer limit of 1 year from the date of receipt of a copy of that - 5 - HC-KAR NC: 2025:KHC:35451 WP No. 24048 of 2025 order. He would submit that one year is long over and the suit is still pending. Learned counsel submits that it is due to applications filed by respondent Nos.1 and 2 repeatedly before the concerned Court. Be that as it may. 5. In the light of the suits as aforesaid are pending before the same Court, I deem it appropriate to direct the concerned Court to consider the suits together and not by clubbing. 6. With the aforesaid submissions and observations, the following: ORDER. a. The writ petition is allowed. b. The impugned order dated 28.07.2025, passed by the Additional Senior Civil Judge and JMFC, Devanahalli, stands modified to the effect that the concerned Court shall take both the suits together and not clubbing the suits. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 1 Sl No.: 59/CT:SS