- 1 - HC-KAR NC: 2026:KHC:15280 WP No. 986 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 986 OF 2026 (GM-CPC) BETWEEN: SRI. NAGESH C. S. S/O LATE M. D. SRIRANGA AGED ABOUT 82 YEARS R/AT NO. 482, 93RD CROSS KUMARASWAMY LAYOUT BENGALURU – 560 078 …PETITIONER (BY SRI. JAGADEESHWAR J., ADVOCATE) AND: 1. SMT. P. JAYALAKSHMI W/O PUTTARAJU P. D/O NAGESH C. S. AGED ABOUT 46 YEARS R/A NO. 902/25, 9TH CROSS 4TH MAIN, THIMMANNA BUILDING AGRAHARA LAYOUT, YELAHANKA BENGALURU – 560 064. 2. SMT. LALITHAMMA W/O NAGESH C. S. AGED ABOUT 71 YEARS. 3. SRI. PARAPPA SWAMY S/O NAGESH C. S. AGED ABOUT 57 YEARS DEFENDANT NO.2 & 3 ARE R/A NO.482, 93RD CROSS KUMARASWAMY LAYOUT Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15280 WP No. 986 of 2026 UTTERAHALLI HOBLI BENGALURU-560 078. 4. SMT. N. PUSHPA VANI @ PUSHPA W/O MUNIRAJU D/O NAGESH C. S AGED ABOUT 52 YEARS NO.51-52, SANJEEVAPPA LANE CUBBONPET, BENGALURU-560 002. 5. SMT. N. HAMSA LAKESHMI @ LAKESHMI W/O H. SHANKAR D/O NAGESH C. S. AGED ABOUT 45 YEARS R/AT NO. 190, 5TH CROSS ‘C’ BLOCK, NEAR AYYAPPA TEMPLE SUBHASNAGAR, BEGUR BENGALURU-560 068. …RESPONDENTS (BY SRI. B. CHANDRASEKHAR., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-38) DATED 17.12.2025 ON I.A.NO.3/2025 IN O.S.NO. 6515/2025 AS PER ANNEXURE-C BY ALLOWING I.A.NO.3/2025 FILED BY THE PETITIONER UNDER SECTION 151 OF CPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-plaintiff has called in question the order dated 17.12.2025 passed by the LI Additional City Civil and Sessions Judge C/c. XXXVII Additional City Civil and Sessions Judge, Bengaluru - 3 - HC-KAR NC: 2026:KHC:15280 WP No. 986 of 2026 (hereinafter referred to as ‘Trial Court’ for short) in O.S.No.6515/2025 on I.A.No.3/2025 filed under Section 151 of CPC vide Annexure-C seeking to club suit in O.S.No.6515/2025 with O.S.No.7370/2019 has been dismissed. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The petitioner-plaintiff has filed a suit in O.S.No.6515/2025 for declaration and ejectment in respect of the property bearing Site No.902, BBMP Khatha No.25/902 situated at Agrahara Layout, Yelahanka, Bengaluru. The defendants-respondents herein filed a suit for partition and separate possession in O.S.No.7370/2019. In the partition suit (O.S.No.7370/2019), the property bearing Site No.902, BBMP Khatha No.25/902 is not a suit schedule property. Therefore, the Trial Court has rightly rejected the application for clubbing the said suits. Even in an earlier - 4 - HC-KAR NC: 2026:KHC:15280 WP No. 986 of 2026 occasion, the petitioner herein has filed a Civil Petition i.e. C.P.No.50/2025. This Court by Order dated 11.07.2025 has clearly held in paragraph No.8 which reads as follows: “8. However, having regard to the fact that apart from the parties herein who are parties in O.S.No.2093/2024 since there are other parties in O.S.No.7370/2019 as also the fact that other properties are involved in O.S.No.7370/2019, the question of clubbing both the suits does not arise.” 8. In view of the above, there is no error or illegality in the impugned order dated 17.12.2025 passed by the Trial Court on I.A.No.3/2025 in O.S.No.6515/2025 vide Annexure-C. 9. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 8