- 1 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 17733 OF 2022 (GM-CPC) BETWEEN: SMT. NAGAMMA ALIAS NAGARATHNAMMA W/O SHRI K LOKESH AGED ABOUT 55 YEARS, R/A NO 1278 SHARADAMMA BUILDING COCONUT GARDEN T DASARAHALLI BANGALORE 560057 …PETITIONER (BY SRI. SHIVASHANKAR S.K., ADVOCATE) AND: 1. SMT. JANAKAMMA W/O LATE SHRINIVASAIAH AGED ABOUT 77 YEARS 2. SHRI VENKATACHALAM S/O LATE SHRINIVASAIAH AGED ABOUT 40 YEARS 3. SMT SAVITHRAMMA W/O LATE SHRINIVASAIAH AGED ABOUT 77 YEARS RESPONDENTS NO.1 TO 3 R/A NO.25/E, KEMPAPURA VILLAGE CHIKKABANAVARA POST YASHWANTHAPURA HOBLI BENGALURU NORTH TALUK - 560 057. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 4. SMT RAMASANJEEVAMMMA W/O LATE RAMAIAH AGED ABOUT 82 YEARS, R/A GANIGARAHALLI VILLAGE CHIKKABANAVARA POST YASHAVANTHAPURA HOBLI BENGALORE NORTH TALUK - 560 057. 5. 5(a) SHRI SHAMANNA DEAD BY HIS LRS SRI SUDARSHANA MURTHY S/O LATE SHAMANNA AGED ABOUT 44 YEARS 5(b) SMT VIMALA D/O LATE SHAMANNA AGED ABOUT 40 YEARS BOTH RESIDING AT NO.357, CHIKKASANDRA COLONY NEAR GOVERNMENT SCHOOL HESARAGHATTA MAIN ROAD T. DASARAHALLI BENGALURU - 560 057. 6. SMT. LEELAVATHI W/O SHRI SHAMANNA AGED ABOUT 62 YEARS, R/A GANIGARAHALLI VILLAGE CHIKKABANAVARA POST YASHAVANTHAPURA HOBLI BENGALURU NORTH TALUK - 560 057. 7. SHRI MANJUNATH S/O SHRI CHIKKANANJARAJU AGED ABOUT 52 YEARS, - 3 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 R/A NO 31/32 "MATHRUSHREE" AMBA LAYOUT, BEHIND APOORVA HOSPITAL CHIKKABANAVARA, YASHAWANTHAPURA HOBLI BENGALURUE NORTH TALUK - 560 057. 8. SHRI ANANTHA PADMANABHA S/O LATE M A SHESHANNA AGED ABOUT 40 YEARS, R/A NO.25, KEMPAPURA VILLAGE CHIKKABANAVARA POST YASHAWNTHAPURA HOBLI BENGALURU - 560 057 …RESPONDENTS (BY SRI. SADASHIVA.C., FOR SRI.G.S.BHAT, ADVOCATES FOR R1 & R2 & R7; SRI CHOKKAREDDY, ADVOCATE FOR R8; vide order dated 10.07.2026 notice to R3, R4, R5 (a & b) dispensed with. THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.06.2021 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU RURAL IN O.S.NO.841/2020 ON I.A.NO.3 DATED 05.11.2020 ALLOWING THE APPLICATION FILED BY R8 VIDE ANNEXURE-F THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging order dated 08.06.2021 passed in O.S.No.841/2020 by the Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. 2. Heard Sri.Shivashankar.S.K., learned counsel appearing for the petitioner and Sri.Sadashiva.C., learned counsel appearing for Sri.G.S.Bhat, learned counsel for Respondent Nos.1, 2 and 7 and Sri.Chokkareddy, learned counsel appearing for Respondent No.8. 3. Respondent Nos.5(a) and 5(b) have filed a suit in O.S.No.271/2018 seeking relief of partition in respect of suit schedule property for one-half share and further relief of declaration that the sale deed dated 28.07.2004 in favour of defendant No.6 to the extent of thirty two and half guntas with respect to the suit schedule property, and further defendant Nos.1 to 5 created the agreement of - 5 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 sale in favour of defendant No.7 dated 12.12.2012 and further, the sale deed dated 10.04.2014 executed in favour of defendant No.8 as not binding on the plaintiff. It is to be noticed that the suit for partition is filed to the extent of one acre twenty five guntas in Survey No. 142/2 of Chikkabanavara Village, Yeshwanthapura Hobli, Bengaluru North Taluk. 4. The petitioner herein filed suit in O.S.No.841/ 2020 seeking judgment and decree against the defendants declaring that the registered agreement of sale dated 18.08.2020 in favour of the Respondent No.7 in the said suit is not binding on the plaintiff and further, the sale deed dated 28.03.2014 in favour of defendant No.8 in the said suit is not binding on the plaintiff and sought the relief of declaration that the plaintiff is the absolute owner of the suit schedule property and relief of permanent injunction against defendant Nos.1 to 3 and 7 to 8. The suit schedule property in the said suit is Survey No.142/2, measuring - 6 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 thirty two and half guntas in Chikkabanavara Village, Yeshwanthapura Hobli, Bengaluru North Taluk. 5. Defendant No.8 in O.S.No.841/2020, the Respondent No.8 herein, filed an application under Section 10 of the Code of Civil Procedure, 1908 seeking to stay the further proceedings in the said suit, on the ground that there is already a suit in O.S.No.271/2018 which is pending and the issue involved in the said suit and the present suit are directly and substantially, an issue in both the suits and the said application of the Respondent No.8 was allowed by the Trial Court under the impugned order, the suit in O.S.No.841/2020 was stayed. 6. It is to be noticed that the suit in O.S.No.271/ 2018 is for a relief of partition with regard to the one acre twenty five guntas. However, the relief sought in O.S.No.841/2020 is for a declaration that the registered agreement of sale dated 18.08.2020 and sale deed dated 28.03.2014 in favour of the defendant Nos.7 and 8 - 7 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 respectively are not binding on the plaintiff and further declaration of ownership in favour of the plaintiff and injunction. The scope of inquiry in both the proceedings are distinct as in suit in O.S.No.271/2018, the plaintiffs are required to establish the fact that the properties are joint family properties and they are entitled to share and in O.S.No.841/2020, the plaintiff/petitioner herein is required to establish the absolute ownership over the suit schedule property by establishing fact that the execution of the agreement of sale dated 18.08.2020 and registered sale dated 28.03.2014 in favour of defendant Nos.7 and 8 respectively are not binding on him by adducing oral and documentary evidence and he is required to establish his possession over the suit schedule property to the extent of thirty two and a half guntas in Survey No.142/2 of Chikkabanavara Village, Yeshwanthapura Hobli, Bengaluru North Taluk. In view of the nature of relief sought in both the suits, I am of the considered view that the scope of inquiry and relief sought are not directly and substantially - 8 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 an issue in both the suits though they appear to be one and the same. Instead of staying the suit, I am of the view that it would be appropriate to club both the suits and be tried by one court, the ends of justice would be met as the parties in both the suits are common. Hence, I proceed to pass the following: ORDER i) Writ Petition is allowed. ii) The impugned order dated 08.06.2021 passed in O.S.No.841/2020 by the V Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru is set aside. iii) Consequently, I.A.No.3 filed by Respondent No.8 under Section 10 of CPC is rejected. iv) The suit in O.S.No.841/2020 pending on the file of V Additional Senior Civil - 9 - HC-KAR CNR: KAHC010405302022 NC: 2026:KHC:46135 WP No. 17733 of 2022 Judge, Bengaluru Rural District is withdrawn from the file of the said court and transferred to the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru to be tried along with O.S. No.271/2018. Sd/- (VIJAYKUMAR A. PATIL) JUDGE DH List No.: 1 Sl No.: 27