- 1 - HC-KAR CNR: KAHC010325072022 NC: 2026:KHC:37497 W.P. No.14619/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.14619/2022 (GM-CPC) BETWEEN: SMT. LAKSHMAMMA @ LAKSHMI W/O MUNIRAJU D/O LATE M. SANJEEVAPPA AGED ABOUT 52 YEARS R/AT. NO.52, MUNEGOWDA GARDEN BAZAAR STREET, 4TH CROSS NEELASANDRA, BENGALURU 560047. …PETITIONER (BY SRI. K. VIJAYA KUMAR, ADV.,) AND: 1. SMT. K. LAKSHMI W/O LATE SRINIVAS AGED 42 YEARS. 2. RAJESH S/O LATE SRINIVAS AGED 28 YEARS. R1 & R2 ARE R/AT GUJJAPPA GARDEN VARTHUR MUTHASANDRA MAIN ROAD BENGALURU 560087. SANJEEVAPPA SINCE DEAD BY HIS LR’S. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010325072022 NC: 2026:KHC:37497 W.P. No.14619/2022 3. 4. SMT. YELLAMMA SINCE DEAD BY HIS LR’S. SMT. RATHNAMMA SINCE DEAD BY HER LR’S. MUNIKRISHNA S/O VENKARAMANAPPA AND RATHNAMMA AGED ABOUT 32 YEARS. RUKMANI D/O VENKARAMANAPPA AND RATHNAMMA AGED ABOUT 37 YEARS. RESPONDENT NOS.3 & 4 ARE R/AT. NO.129A, RAMPURA VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK-560049. 5. SMT. SARASAMMA W/O YELLAPPA @ APPAIAH D/O LATE M. SANJEEVAPPA AGED ABOUT 50 YEARS R/AT BIDLUPURA VILLAGE CHENNARAYAPATNA HOBLI DEVANAHALLI TALUK. 6. S. RAMAIAH S/O LATE SANJEEVAPPA AGED ABOUT 49 YEARS R/AT NO. 395 RAMAGONDANA HALLI VILLAGE NEAR GANAPATHI TEMPLE WHITEFILED ROAD, VARTHUR HOBLI BENGALURU 560066. 6. SRI. C.A. THIMMAIAH S/O C.T. APPAIAH - 3 - HC-KAR CNR: KAHC010325072022 NC: 2026:KHC:37497 W.P. No.14619/2022 AGED 59 YEARS R/A NO.609, 80 FEET PERIPHERAL ROAD IV BLOCK, KORAMANGALA BENGALURU 560034. 8. M.C. SHANTHAMMA W/O LATE CHINNASWAMY AGED ABOUT 69 YEARS R/AT NO.478 RAMAGONDANA HALLI VILLAGE VARTHRU HOBLI BENGALURU EAST TALUK 560066. 8. M. SRINIVAS S/O MUNISWAMY @ GANDHI MUNISWAMY AGED ABOUT 48 YEARS R/AT NO.49, RAMAGONDANA HALLI VILLAGE, NEAR WATER VILLA APARTMENT VARTHUR MAIN ROAD VARTHUR HOBLI BENGALURU EAST TALUK 560066. 9. V. RAMASWAMY S/O LATE VENKATAPPA AGED ABOUT 54 YEARS R/AT NO.199/1 RAMAGONDANA HALLI VILALGE BEHIND MUNESHWARA TEMPLE VARTHUR HOBLI BENGALURU EAST TALUK 560066. …RESPONDENTS (BY SRI. AKASH V.T. ADV., FOR R1 & R2 SRI. GURUPRASAD, ADV., FOR SRI. K.G. SADASHIVAIAH, ADV., FOR R3 TO R6 V/O/DTD:01.08.2022, NOTICE TO R3, R4, & R7 TO R10 ARE D/W) - 4 - HC-KAR CNR: KAHC010325072022 NC: 2026:KHC:37497 W.P. No.14619/2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.2180/2006 PENDING ON THE FILE OF V ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU, AND SET ASIDE THE ORDER DTD. 23.06.2022 PASSED ON APPLICATION UNDER SECTION 151 OF THE CPC (IMPUGNED AS ANNX-A) AND CONSEQUENTLY ALLOW APPLICATION UNDER SECTION 151 OF THE CPC FILED BY THE PETITIONER BY ALLOWING THIS WRIT PETITION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 28.06.2022 passed on an application in O.S.No.2180/2006 by the V Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (for short, ‘the trial Court’). 2. Heard Sri.K.Vijaya Kumar, learned counsel appearing for the petitioner and Sri.Akash V.T., learned counsel appearing for respondent Nos.1 and 2 and Sri.Guru Prasad, learned counsel for Sri.K.G.Sadashivaiah, learned counsel appearing for respondent Nos.3 to 6 and perused the material available on record. - 5 - HC-KAR CNR: KAHC010325072022 NC: 2026:KHC:37497 W.P. No.14619/2022 3. The petitioner had filed an application under Section 151 of the Code of Civil Procedure, 1908, in O.S.No.2180/2006 to club O.S.No.427/2016 pending before the same Court on the ground that the petitioner had filed the suit in O.S.No.427/2016 for partition and separate possession and the properties referred in the said suit are not covered in O.S.No.2180/2006. It is contented that in O.S.No.2180/2006, the petitioner's father was a party and after his death, LRs were brought on record without even notice to the LRs, hence, the petitioner, being the defendant No.1(d), could not even file the written statement. Hence, it would be appropriate if both the suits are clubbed and decided together as some of the properties are left out in O.S.No.2180/2006. 4. It is to be noticed that the suit in O.S.No.2180/2006 is filed a decade ago than the suit filed by the petitioner in O.S.No.427/2016. In the suit in O.S.No.2180/2006, where the petitioner is arrayed as - 6 - HC-KAR CNR: KAHC010325072022 NC: 2026:KHC:37497 W.P. No.14619/2022 defendant No.1(d), the petitioner had also filed the written statement at the later stage and in the said written statement, the petitioner has taken all these contentions. Considering all the aspects, the trial Court has rightly come to the conclusion that the suit is filed in the year 2006 and the present application is filed at the fag end of the proceedings, which cannot be entertained. I do not find any error in the order of trial Court calling for interference in this petition. The writ petition is devoid of merits and the same is accordingly rejected. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 39