- 1 - HC-KAR NC: 2025:KHC:36443 WP No. 24692 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.24692 OF 2025 (GM-CPC) BETWEEN: MR. T. SRIKUMAR S/O LATE THYAGARAJ, AGED ABOUT 50 YEARS, R/AT NO.219, 2ND CROSS, GOWTHAM NAGAR, ROBERTSONPET, K.G.F. - 563 122 ALSO AT PALACE VIEW APARTMENT JAYAMAHAL MAIN ROAD, JAYAMAHAL, BENGALURU - 560 046 …PETITIONER (BY SRI. HARISH N. K., ADVOCATE) AND: 1. SMT. SUBHASHINI D/O SRI. P. SHANKARAPPA AGED ABOUT 45 YEARS, R/AT NEAR GANGAMMA TEMPLE, MUTHYALAPETE, MULUBAGILU TOWN AND TALUK, KOLAR DISTRICT - 563 131 ALSO AT: NO.3855, AVENUE ROAD, NEAR SHIRDI SAI MEDICALS ATTIBELE VILLAGE AND HOBLI, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36443 WP No. 24692 of 2025 ANEKAL TALUK, BENGALURU - 562 016 2. MR. KOVALAMYLAN S/O SRI. VINAYAKA MURTHY, AGED ABOUT 53 YEARS, R/AT NO.280, GANDHINAGAR, OORIGAUM POST, K.G.F. - 563 121. 3. SRI. I. VIJAYAKUMAR, S/O IMMANUAL AGED ABOUT 60 YEARS, R/AT NO.280, SRIRAMANAGAR, OORIGAUMPET, K.G.F. - 563 121 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT AND SET ASIDE THE IMPUGNED ORDER DATED 31.07.2025 DISMISSING I.A.NO.13 FILED BY THE DEFENDANT NO.1/PETITIONER HEREIN UNDER SECTION 151 OF CPC IN O.S NO.63/2016 PASSED BY THE HON’BLE COURT OF SENIOR CIVIL JUDGE AND PRINCIPAL J.M.F.C., KGF, KOLAR PRODUCED AT ANNEXURE-A; ii) ISSUE ANY OTHER WRIT OR DIRECTION AND ALLOW THE I.A.NO.13 FILED BY THE PETITIONER/DEFENDANT NO.1 UNDER SECTION 151 OF CPC FOR CLUBBING OF O.S.NO.139/2025 WITH O.S.NO.63/2016 C/W O.S.NO.47/2018, ALL THREE CASES PENDING ON THE FILE OF THE SAME COURT i.e., THE HON’BLE COURT OF SENIOR CIVIL JUDGE AND PRINCIPAL J.M.F.C., KGF, KOLAR DISTRICT, PRODUCED AT ANNEXURE – K; iii) ISSUE ANY OTHER WRIT OR DIRECTION TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2025:KHC:36443 WP No. 24692 of 2025 ORAL ORDER The petitioner is before this Court calling in question an order dated 31.07.2025 which rejects an application in I.A.No.13 filed by the defendant No.1. The present petitioner seeking clubbing of a suit in O.S.No.139/2025 with the pending suits of 2016 as the case would be, the concerned Court by the following order has rejected the application:- "Both counsel present. Defendant counsel filed I.A.No.13 Under Section 151 of C.P.C to club this case with O.S.No.139/2025 pending before this court. On perusal of the records its shows that the present suit is filed by the plaintiff for the relief of Specific Performance of contract to direct the defendant to execute a register sale deed in her favour. Further, this case is already club with O.S.No.47/2018 and common evidence is recorded and now the present case is posted for the cross examination of DW2. On enquiry with defendant No.1 counsel he submits O.S.No.139/2025 is filed for the relief of declaration and mandatory injunction in respect to the property and now the said case is posted to hear on I.A.No.2 filed Under Order 39 Rule 1 and 2 of C.P.C. - 4 - HC-KAR NC: 2025:KHC:36443 WP No. 24692 of 2025 It must be noted O.S.No.139/2025 the trial has not yet commenced on the other hand the evidence in O.S.No.63/2016 and O.S.No.47/2018 is already commence and now the matter is posted for cross examination of DW2. Under circumstances at this stage the question of clubbing these two suits with the suit which is recently filed in O.S.No.139/2025 does not arise at all. Moreover the earlier suits are of 2016 and 2018 which is old matter and priority has to be given to the said suits which are at the fag end of the trial. From this its shows that the defendant No.1 in order to scuttla the proceedings and to drag on the proceedings has filed the clubbing application which cannot be entertained by the court at this stage. Hence, I.A.No.13 is rejected with cost of Rs.500/-. Call on 16.08.2025." 2. The reason rendered by the concerned Court is that O.S.No.47/2018 and O.S.No.63/2016 are at the stage of evidence or at the fag end of the trial. Another suit is now filed in the year 2025 by the present defendant No.1 seeking declaration. The order of the concerned Court does not warrant any interference for the sole reason that the suit of 2016 and 2018 are at the fag end and to frustrate those proceedings. Subsequent suit in the year - 5 - HC-KAR NC: 2025:KHC:36443 WP No. 24692 of 2025 2025 is preferred by the present petitioner/defendant No.1 seeking declaration. 3. The order does not warrant any interference as it does not result in failure of justice by any count. Accordingly, the petition is dismissed. Sd/- (M.NAGAPRASANNA) JUDGE MH/- List No.: 1 Sl No.: 33