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HC-KAR NC: 2025:KHC:49494 CRP No. 493 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 493 OF 2023 BETWEEN:
1.
SRI. SIDDAPPA S SON OF LATE SRI. SIDDAPPA B AGED ABOUT 59 YEARS DOOR NO. 258/A, 2ND CROSS 2ND STAGE, BEHIND GANAPATHI TEMPLE GOKULAM, MYSURU - 570 002.
2.
SMT. PRABHA S W/O SRI. SIDDAPPA S AGED ABOUT 52 YEARS DOOR NO. 258/A 2ND CROSS, 2ND STAGE, BEHIND GANATPATHI TEMPLE, GOKULAM, MYSURU - 570 002. …PETITIONERS (BY SRI. PARASHURAM A.L, ADVOCATE) AND:
1.
SMT. LAVANYA N.M W/O LATE SRI. JAYANTHKUMAR AGED ABOUT 28 YEARS R/AT NO. 8338/10, BASAVANA LAYOUT, HULLAHALLI ROAD NANAJANGUD TALUK, MYSURU - 571 301. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:49494 CRP No. 493 of 2023
2.
KUMARI. MISHIKA J DAUGHER OF LATE SRI. JAYANATH KUMAR AGED ABOUT 4 YEARS, RESIDING AT NO. 8338/10 BASAVANA LAYOUT, HULLHALLI ROAD NANJANAGUD TALUK, MYSURU - 571 301 SINCE MINOR, REPRESENTED BY HER MOTHER SMT. LAVANYA N.M. …RESPONDENTS (BY SRI. MEGHANA S, ADVOCATE AND SRI. B.N. MAHESH CHANDRA, ADVOCATE FOR R1 AND R2)
THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 7.07.2023 PASSED IN MISC NO.49/2023 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT MYSURU, DISMISSING THE PETITION FILED UNDER SEC.24 OF C.P.C.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
Heard Sri.Parashuram A. L., learned counsel for the revision petitioners and Smt.Meghana S. and Sri.B.N.Mahesh Chandra, learned Advocates for respondents.
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HC-KAR NC: 2025:KHC:49494 CRP No. 493 of 2023
2. Present petition is filed challenging the rejection of the application filed under Section 24 of Code of Civil Procedure (hereinafter ‘CPC’ for short) by the learned Principal District and Sessions Judge, Mysuru.
3.
Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:
3.1. Petitioners filed a suit in O.S.No.286/2023 which is pending before the III Additional Senior Civil Judge and CJM, Mysuru whereas the respondents have filed a case in P and SC No.20/2022 which is pending on the file of IV Additional Senior Civil Judge and JMFC, Mysuru.
3.2. There were some apprehensions expressed by the petitioners with regard to the conduct of the Preceding Officer who was conducting the case in P and SC No.20/2022 and therefore, sought for transfer of the said
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HC-KAR NC: 2025:KHC:49494 CRP No. 493 of 2023 case to III Additional Senior Civil Judge and CJM, Mysuru where O.S.No.286/2023 is pending.
4. On account of the general transfers, the Preceding Officer of IV Additional Senior Civil Judge and JMFC, Mysuru where the P and SC No.20/2022 is transferred, the first apprehension of the petitioners stands quelled automatically.
5. Insofar as the two cases are to be tried by one and the same Court is concerned, instead of transferring the P and SC No.20/2022 to III Additional Senior Civil Judge and CJM, Mysuru, pending suit in O.S.No.286/2023, pending on the file of III Additional Senior Civil Judge and CJM, Mysuru is transferred to IV Additional Senior Civil Judge and JMFC, Mysuru where the P and SC No.20/2022 is pending and to be tried by the very same Judge in order to avoid contradictory orders.
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HC-KAR NC: 2025:KHC:49494 CRP No. 493 of 2023
6. However, the parties are at liberty to seek clubbing of the cases and this Court has not expressed any opinion whether the cases are to be clubbed or not.
7. If any one of the parties oppose for clubbing, the learned Trial Judge shall independently conduct both the matters and pass judgments independently in both the suits.
8. With that directions, the revision petition stands
disposed of. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 46