Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 1457 OF 2025 (GM-CPC)
BETWEEN:
1.
MR.B.C.ARUN KUMAR S/O. B. K. CHANDRASHEKAR AGED ABOUT 42 YEARS.
2.
MRS. P. JYOTHI W/O. B. C. ARUN KUMAR AGED ABOUT 40 YEARS.
BOTH ARE RESIDING AT:
NO.44, 4TH CROSS, 5TH D MAIN, 2ND BLOCK, HRBR LAYOUT KALYANNAGAR, BENGALURU - 560 043.
ALSO AT: NO.2C 14TH CROSS 2ND MAIN, 3RD BLOCK SECTOR 6 HSR LAYOUT BENGALURU - 560 102.
3.
MRS. LEELAVATHY W/O. LATE MR. PARATHASARATHY AGED ABOUT 60 YEARS.
4.
MR. CHANDAN S/O. LATE MR. PARATHASARATHY AGED ABOUT 31 YEARS.
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
5.
MR. NAGARAJ AGED ABOUT 52 YEARS S/O.
RESIDING AT NO.
PETITIONERS NO.3 AND 4 ARE RESIDING AT NO.44, 4TH CROSS, 5TH D MAIN 2ND BLOCK, HRBR LAYOUT KALYANNAGAR BENGALURU - 560 043.
…PETITIONERS (BY SRI SHARAVAN S. LOKRE, ADVOCATE)
AND:
1.
SRI B.K. CHANDRASHEKAR S/O. LATE A. KRISHNA MURTHY AGED ABOUT 77 YEARS.
2.
SMT. T. P. HEMALATHA W/O. B. K. CHANDRASEKHAR AGED ABOUT 69 YEARS.
3.
SRI B. C. KIRAN KUMAR S/O. B. K. CHANDRASHEKAR AGED ABOUT 45 YEARS.
4.
SRI B. C. PRAVEEN KUMAR S/O. B. K. CHANDRASHEKAR AGED ABOUT 39 YEARS.
RESPONDENT NO.1 TO 4 ARE RESIDING AT: NO.614 14TH CROSS, 33RD MAIN J.P.NAGAR, 1ST PHASE BENGALURU - 560 078.
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
NOW AT: NO.294 8TH MAIN 4TH PHASE J. P. NAGAR DOLLARS COLONY BENGALURU - 560 078.
5.
M/S. VERIETY TRADERS A REGISTERED PARTNERSHIP FIRM NO.31, GROUND FLOOR NEAR BASAVANNA TEMPLE MAMULPET BENGALURU - 560 053 REP. BY ITS MANAGING PARTNER SRI B. K. CHANDRASHEKAR.
…RESPONDENTS
(BY SRI S.V. BHAT, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE -A BEING THE IMPUGNED ORDER PASSED ON 17.09.2024 BY THE LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, IN MISC.NO.640/2024 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER
Heard learned counsel for petitioners and learned counsel for respondents. 2. This petition is filed by the petitioners aggrieved by the impugned order dated 17.09.2024 passed in Misc.No.640/2024 by the Principal City Civil and Sessions Judge, Bengaluru. 3. The other matters are pending before the respective Courts, namely O.S.Nos.25238/2015, 25370/2015, 5562/2016 and 1484/2017 inter se between some of the parties and they are pending before different Courts within the jurisdiction of Bengaluru. 4. The petitioners have filed a miscellaneous petition in Misc.No.640/2024 seeking to transfer the above mentioned suits to one particular Court to be tried together. The said miscellaneous petition came to be dismissed on the ground that the original suit in
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
O.S.No.25238/2015 is filed for partition and other suits are filed for permanent injunction. Therefore, the findings recorded in any other suits would only be in relation to actual possession of the concerned parties and it would not decide the right, title or interest of the parties therein. On such ground, the petition for transfer came to be dismissed. 5. Learned counsel for petitioners contended that since most of the suits are between the same parties, and the matters are transferred to one particular Court, it would facilitate expeditious disposal and also would curtail the time of the Court and the parties and also would cause less inconvenience to the parties to the proceedings as well as to the learned counsels. 5.1. It is also contended by the learned counsel for petitioners that since the partition suit is of the year 2015, it may be possible for the Court to decide the matter expeditiously, if they are transferred to one particular
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
Court and tried together. Therefore, he seeks to allow the petition and direction for transfer of all the matters to one particular Court. 6.
Per contra, Sri S.V.Bhat, learned counsel for respondents does not have much objection to transfer the matters to one particular Court and instead of transferring the matter to the City Civil Court at Mayo Hall Unit, Bengaluru, the matter could be transferred to the City Civil Court, Bengaluru, as respondent No.1 is aged 77 years and there is no lift facility in the City Civil Court, Mayo Hall Unit, which would be handicapped for him to climb the stairs. 6.1.
Learned counsel for respondents further contended that he does not have any objections to all these matters being transferred to the City Civil Court, Bengaluru.
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
7. Learned counsel for petitioners also does not have any objections if the matters transferred to the City Civil Court, Bengaluru.
8. Accordingly, there is nothing much left to be considered in the case, as learned counsel for the parties have agreed in unison to all the matters to be transferred to one particular Court. Learned counsels together agree that all the matters could be transferred to City Civil Court, Bengaluru (CCH-38), where the original suit in O.S.No.1478/2017 is pending.
9. In view of the said submission made by the
learned counsel for parties, I pass the following:
ORDER i. This petition is allowed; ii. The impugned order dated 17.09.2024 passed in Misc.No.640/2024 by the Principal City Civil and Sessions Judge, Bengaluru is hereby set- aside and all the matters, namely, O.S.Nos.25238/2015, 25370/2015, 5562/2016
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HC-KAR NC: 2025:KHC:54264 WP No. 1457 of 2025
and 1484/2017 are hereby transferred to the City Civil Court, Bengaluru (CCH-38); iii. In view of the fact that the partition suit is of the year 2015, the City Civil Court, Bengaluru (CCH-38) shall decide the matter expeditiously by providing reasonable opportunity to all the parties.
Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 6