- 1 - HC-KAR NC: 2026:KHC:9928 WP No. 25608 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.25608 OF 2025 (GM-CPC) BETWEEN: SRI. MAHADEVA S/O LATE KALEGOWDA @ CHIKKONU, AGED ABOUT 69 YEARS, R/AT NAGANAHALLI VILLAGE, KASABA HOBLI, MYSORE TALUK, MYSORE DISTRICT-571 114. …PETITIONER (BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, MYSORE SUB-DIVISION, MYSORE DISTRICT-570 005. 2. SMT. JAVARAMMA, D/O LATE MULLURU KARIGOWDA, AGED ABOUT 79 YEARS, R/AT NAGANAHALLI VILLAGE, KASABA HOBLI, MYSORE TALUK AND DISTRICT-571 114. 3. SMT. SUBBAMMA W/O PUTTAIAH, MAJOR, R/AT NAGANAHALLI VILLAGE, KASABA HOBLI, MYSORE TALUK AND DISTRICT-571 114. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9928 WP No. 25608 of 2025 4. NINGAMMA D/O KARIGOWDA, MAJOR, R/AT M. SHETTIHALLI VILLAGE, K SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 422. …RESPONDENTS (BY SMT. HEMALATHA V., AGA FOR R1; SRI. Y.V. PRAKASH, ADVOCATE FOR SRI. Y.K. NARAYANA SHARMA, ADV. FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.04.2025 AT ANNEXURE-F PASSED ON I.A.5 IN LAC NO.38/2016 BY LEARNED V ADDL. SENIOR CIVIL JUDGE, MYSORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is directed against the impugned order dated 04.04.2025 passed in LAC No.38 of 2016 on the file of the V Addl. Senior Civil Judge and JMFC, Mysuru, whereby the application – I.A.V filed by the petitioner – respondent No.3 under Section 10 of CPC seeking stay of further proceedings till disposal of O.S.No.525 of 2016 pending before the IV Addl. Senior Civil Judge & JMFC, Mysuru, was rejected by the Trial Court. - 3 - HC-KAR NC: 2026:KHC:9928 WP No. 25608 of 2025 2. Heard the learned counsel for the parties and perused the material available on record. 3. The material on record discloses that in the aforesaid proceedings under Section 31(2) of the Land acquisition Act, the petitioner is arrayed as respondent No.3 while the respondent No.1 is the petitioner and respondent Nos.2 to 5 are the remaining respondents and they are contesting the proceedings. In the meanwhile, the petitioner along with others has instituted one more suit in O.S.No.525 of 2016 against some of the respondents for partition and separate possession of their alleged share in the suit schedule property including the properties which are subject matter of the aforesaid LAC No.38 of 2016. The said suit in O.S.No.525 of 2016 is also pending on the file of the Trial Court, in which the petitioner is arrayed as plaintiff No.1. 4. During the pendency of the aforesaid LAC No.38 of 2016, the petitioner filed the instant application under Section 10 of CPC seeking stay of further proceedings in LAC No.38 of 2016 on the ground that the issue in the said proceedings was directly and substantially involved in the suit in O.S.No.525 of 2016 and consequently, further proceedings in the LAC No.38 of 2016 - 4 - HC-KAR NC: 2026:KHC:9928 WP No. 25608 of 2025 deserve to be stayed till pending disposal of O.S.No.525 of 2016. The said application having been opposed by the respondents, the Trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record will indicate that there are several contentious issues and disputed questions of facts and law that would arise for consideration between all the parties including the parties to LAC No.38 of 2016 and O.S.No.525 of 2016. It is not in dispute that the subject matter of the LAC No.38 of 2016 proceedings are also involved in the aforesaid suit in O.S.No.525 of 2016. Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by directing the Trial Court i.e., Court of the IV Addl. Senior Civil Judge and JMFC, Mysuru, to club, consolidate, try and dispose of both LAC No.38 of 2016 and O.S.No.525 of 2016 together in accordance with law after providing sufficient and reasonable opportunity to all the parties involved in both the cases. All rival contentions on all - 5 - HC-KAR NC: 2026:KHC:9928 WP No. 25608 of 2025 aspects of the matter in both the cases are kept open and no opinion is expressed on the same. 6. Subject to the aforesaid directions, the petition stands disposed of. 7. The Trial Court is directed to dispose of both LAC No.38 of 2016 and O.S.No.525 of 2016 as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE HB / SV List No.: 2 Sl No.: 4