- 1 - HC-KAR NC: 2025:KHC:52050 CRP No. 421 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 421 OF 2024 BETWEEN: 1. SMT. DYAVAMMA W/O MARAPPA D/O THAMMANNA AGED ABOUT 76 YEARS 2. SRI. MARAPPA S/O LATE THAMMANNA @ PAPANAHALLI THAMMANNA AGED ABOUT 81 YEARS THE PETITIONERS 1 AND 2 ARE R/AT CHEMMACHANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 129. …PETITIONERS (BY SRI. SHIVASHANKAR K, ADVOCATE) AND: SRI. C.N. NARAYANASWAMY S/O LATE NANJAPPA AGED ABOUT 71 YEARS R/AT CHEMMACHANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 129. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 27.04.2024 PASSED IN MISC NO.173/2023 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52050 CRP No. 421 of 2024 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., DISMISSING THE PETITION FILED UNDER SEC.24 OF CRP., SEEKING TO TRANSFER OF OS NO.495/2017. 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.Shivashankar K., learned counsel for the revision petitioners. None appears for the respondent. 2. Petitioner No.2 – Sri.Marappa has filed a suit in O.S.No.495/2017 on the file of Principal Civil Judge and JMFC, Devanahalli in respect of the following property: “All that piece and parcel of the ‘A’ schedule property bearing Sy.No.126 measuring to an extent of 0.5 guntas of land out of the total extent of 2 acres 19 guntas of land situated at Cheemachanahalli village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, bounded on: East by: Property belongs to Nanjappa West by: House property belongs to Dyavamma North by: Govt. Channal South by: Gundu Thopu - 3 - HC-KAR NC: 2025:KHC:52050 CRP No. 421 of 2024 All that piece and parcel of the ‘B’ schedule property bearing Sy.No.126 measuring to an extent of 30 x 22 ½ feet situated at Cheemachanahalli village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, bounded on: East by: House property belongs to Ashwathappa S/o Nanjappa West by: House property belongs to Dyavamma North by: Vacant property belongs to Dyavamma South by: Govt. Channal” 3. Very same petitioner also filed a suit in respect of the remaining properties and the valuation of the suit properties having been exceeded the pecuniary jurisdiction of the Junior Division Court and has filed another suit in O.S.No.679/2023 against common defendant – Sri.C.N.Narayanaswamy. 4. Now the petitioner filed an application under Section 24 of Code of Civil Procedure before the Principal District and Sessions Judge, Bengaluru Rural to try both the suits by the Senior Division Court in order to avoid contradictory findings to be delivered by both the Courts in - 4 - HC-KAR NC: 2025:KHC:52050 CRP No. 421 of 2024 respect of one and the same suit properties and in respect of same parties. 5. Learned District Judge dismissed the petition filed in Misc.No.173/2023. 6. Being aggrieved by the same, petitioners are before this Court, seeking setting aside the order and transfer O.S.No.495/2017 to the Principal Civil Judge and JMFC, Devanahalli to be tried along with O.S.No.679/2023 on the file of I Additional Senior Civil Judge and JMFC, Devanahalli. 7. Having heard the arguments of learned counsel for the revision petitioners, this Court perused the material on record meticulously. 8. On such perusal of the material on record, that the defendant is common in both the suits. As such, this Court is of the considered opinion that O.S.No.495/2017 needs to be tried along with O.S.No.679/2023 in order to avoid contradictory findings. - 5 - HC-KAR NC: 2025:KHC:52050 CRP No. 421 of 2024 9. Hence, following: ORDER i. Revision petition is allowed. ii. Pending suit in O.S.No.495/2017 is hereby withdrawn from the Principal Civil Judge and JMFC, Devanahalli and is transferred to I Additional Senior Civil Judge and JMFC, Devanahalli to be tried along with O.S.No.679/2023. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 51