- 1 - HC-KAR CNR: KAHC010483592022 NC: 2026:KHC:44353 W.P. No.21196/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21196/2022 (GM-CPC) BETWEEN: SRI. C.V. RAJASHEKAR S/O SRI. M.C. VENKATRAM AGED ABOUT 65 YEARS R/AT NO.693/39/39-01 SAJJAN RAO ROAD, V V PURAM BENGALURU -560 004. …PETITIONER (BY SRI. VIVEK HOLLA, ADV.,) AND: 1. SRI. K.S. SHIVASWAMY S/O LATE K. SHIVANANJAPPA AGED ABOUT 66 YEARS R/O NO.39/1, OLD NO.39/A SAJJAN RAO ROAD V V PURAM, BANGALORE -04. 2. SMT. MAYAMMA [R2 IS DECEASED AND R1 IS TREATED AS LR OF R2 VIDE ORDER DTD:05.12.2022] …RESPONDENTS (BY SRI. M.V. SESHACHALA, SR. COUNSEL FOR SRI. ARAVIND V. CHAVAN, ADV., FOR C/R1 V/O/DTD:05.12.2022, R1 IS TREATED LR’S OF DECEASED R2) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010483592022 NC: 2026:KHC:44353 W.P. No.21196/2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 23.09.2022 PASSED BY THE COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, CCH 22, BENGALURU ON AN APPLICATION (IA NO.11) FILED UNDER SECTION 10 THE CODE OF CIVIL PROCEDURE IN OS.NO.16869/2006 VIDE ANNX-K AND FURTHER BE PLEASED TO ALLOW THE SAID APPLICATION, I.A.NO.11 VIDE ANNX-G & 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 23.09.2022 passed on I.A.No.11 in O.S.No.16869/2006 by the XIII Additional City Civil and Session Judge, Mayo Hall Unit, Bengaluru (for short, ‘the trial Court’). 2. Heard Sri.Vivek Holla, learned counsel appearing for the petitioner and Sri.M.V.Seshachala, learned Senior Counsel appearing on behalf of Sri.Aravind V.Chavan, learned counsel for the respondent No.1 in and perused the material available on record. - 3 - HC-KAR CNR: KAHC010483592022 NC: 2026:KHC:44353 W.P. No.21196/2022 3. This petition is filed challenging the impugned order of the trial Court wherein the application of the petitioner, who is defendant No.1 in O.S.No.16869/2006, filed under Section 10 read with Section 151 of the Code of Civil Procedure, 1908, to stay the suit in O.S.No.16869/2006, pending disposal of the suit in O.S.No.508/1991 was rejected. 4. It is to be noticed that the learned counsel appearing for the petitioner as well as the learned senior counsel appearing for respondent No.1 fairly submit that if both the suits in O.S.No.16869/2006 and O.S.No.508/1991 are ordered to be clubbed and tried together, they have no objection for the same. 5. In view of the aforesaid submission, the writ petition is disposed of by setting aside the impugned order dated 23.09.2022 passed on I.A.No.11 in O.S.No.16869/2006 by the XIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru. - 4 - HC-KAR CNR: KAHC010483592022 NC: 2026:KHC:44353 W.P. No.21196/2022 6. The suit in O.S.No.16869/2006 pending on the file of Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru (CCH-22), is withdrawn from the said Court and transferred to the Court of XXV Additional City Civil and Sessions Judge, Benglauru, (CCH-23), and is ordered to be tried along with O.S.508/1991 pending before the said Court. It is made clear that this Court has not expressed any opinion on the merits of the case. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 30