- 1 - HC-KAR NC: 2026:KHC:9784 WP No. 26262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26262 OF 2025 (GM-CPC) BETWEEN: MANJUNATHA K S/O D. KANTHARAJAPPA AGED ABOUT 49 YEAES OCCUPATION AGRICULTURE R/O DOOR NO 742/1,3RD CROSS, BETHUR ROAD DAVANAGERE 577001 …PETITIONER (BY SRI. MALHAR B. KULKARNI, ADVOCATE) AND: 1. PRUTHVI S/O DURGAPPA AGED ABOUT 25 YEARS OCCUPATION NILL R/O BEHIND DURGAMBIKA TEMPLE NITTAVALLI DAVANAGERE 577001 2. SURESH.M.P S/O SHIVAYOGAPPA AGED ABOUT 59 YEARS OCCUPATION BUSINESS R/O DOOR NO 1130/47, 2ND MAIN ROAD Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9784 WP No. 26262 of 2025 SHIVAKUMARASWAMY BADAVANE DAVANAGERE 577001 …RESPONDENTS (BY SMT. YUKTHA N., ADVOCATE FOR R1; SRI. B.S. PRASAD ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE TRIAL COURT ON IA NO 4 DTD 6.08.2025 U/O 1 RULE 10 OF CPC FILED BY THE RESPONDENT NO.2 BEFORE TRIAL COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.195/24 on the file of the Principal Senior Civil Judge & CJM, Davanagere is directed against the impugned order dated 06.08.2025 in O.S.No.195/2024 whereby I.A.No.4 filed by respondent No.2 seeking impleadment as defendant No. 2 under Order I Rule 10(2) of Code of Civil Procedure, 1908 (hereinafter referred to as CPC for short) was allowed by the trial Court. - 3 - HC-KAR NC: 2026:KHC:9784 WP No. 26262 of 2025 2. A perusal of the material on record would indicate that in the aforesaid suit filed by the petitioner against respondent No. 1/sole defendant for declaration of title, permanent injunction and other reliefs, in relation to the suit schedule immovable property, the second respondent filed the instant application seeking impleadment as additional defendant No. 2. It is a matter of record and an undisputed fact that in addition to the said application filed by respondent No. 2, he has also filed a separate suit in O.S.No. 48/2025 against the petitioner, defendant No. 2 and others in relation to the very same suit schedule property. It is also not in dispute that the said suit in OS 48/2025 filed by respondent No. 2 against the petitioner and others is also pending before the very same trial Court that is the Court of the Principal Senior Civil Judge & CJM, Davangere. 3. Under these circumstances, Having regard to the commonality/similarity in the subject matter of both - 4 - HC-KAR NC: 2026:KHC:9784 WP No. 26262 of 2025 the suits, which are between the same parties, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it appropriate to dispose of this petition without interfering with the impugned order and by directing the trial Court i.e. the Court of the Principal Senior Civil Judge and CJM, Davangere to consolidate, club, try and dispose of both the present suit in O.S.No. 195/2024 along with O.S.No. 48/2025 together in accordance with law. 4. In the result, the following: ORDER i. Petition is hereby disposed of without interfering with the impugned order. ii. The trial Court that is the Court of the Principal Senior Civil Judge and CJM, Davangere is directed to club, consolidate, try and dispose of both suits in O.S.No. - 5 - HC-KAR NC: 2026:KHC:9784 WP No. 26262 of 2025 195/2024 along with O.S. No. 48/2025 together and in accordance with law. iii. Liberty is reserved in favour of the petitioner to file written statement, objections, documents, interlocutorY applications etc., in the said O.S.No.48/2025. iv. Liberty is also reserved in favour of other parties to file their pleadings, documents, applications etc. in both the suits. v. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BVK List No.: 3 Sl No.: 17