- 1 - HC-KAR CNR: KAHC010624882026 NC: 2026:KHC:49705 CP No. 319 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO. 319 OF 2026 BETWEEN: 1. SMT. G S JALAJAKSHI W/O LATE G.C. SRIKANTHAPPA, AGED ABOUT 56 YEARS. 2. SMT.SINDHU G.S., D/O LATE G.C. SRIKANTHAPPA, W/O SRI. MADHU KUMAR, AGED ABOUT 33 YEARS. 3. KUM. SHRUTHI G.S., D/O LATE G.C. SRIKANTHAPPA, AGED ABOUT 29 YEARS ALL ARE R/AT: #449/1, 5TH MAIN ROAD, KALYAN LAYOUT, DODDABASTHI MAIN ROAD, KENCHANAPURA CROSS, ULLALU, BENGALURU - 560 056. …PETITIONERS (BY SRI KAVITHA D., ADVOCATE) AND: SRI B S SATHYACHANDAN S/O SRI B.S.SHYAMASUNDAR, AGED ABOUT 48 YEARS, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010624882026 NC: 2026:KHC:49705 CP No. 319 of 2026 R/AT NO.91 (33), 23RD CROSS, 14TH MAIN, JAYANAGAR 3RD BLOCK EAST, BENGALURU - 560 011. …RESPONDENT THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO WITHDRAW OS NO.5187/2024 FROM THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-5), OS NO.1571/2024 FROM THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AND OS NO.853/2024 FROM THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, AND TRANSFER ALL THREE SUITS TO ANY ONE COMPETENT COURT, WITH A DIRECTION TO TRY AND DISPOSE OF THE SAME SIMULTANEOUSLY, IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR CNR: KAHC010624882026 NC: 2026:KHC:49705 CP No. 319 of 2026 ORAL ORDER Seeking for transfer of O.S.no.5187/2024 on file of IX Additional City Civil & Sessions Judge, Bengaluru, (CCH-5), O.S.no.1571/2024 on file of Prl. Senior Civil Judge, Bengaluru, Rural district, Bengaluru, and O.S.no.853/2024 on file of II Additional Senior Civil Judge & JMFC, Nelamangala to any one competent Court for disposal, this petition is filed. 2. Smt.D.Kavitha, learned counsel for petitioner submitted that O.S.no.5187/2024 was filed for specific performance of agreement of sale dated 07.11.2017 to 22.06.2024 in respect of property at Sajjepalya village before Civil Court at Bengaluru. Likewise, O.S.no.1571/2024 was filed for specific performance of agreement dated 05.01.2018 in respect of property at Nelagadaranahalli village before Civil Court at Rural District, Bengaluru, and O.S.no.853/2024 was filed for specific performance of agreement of sale dated 11.03.2020 before Civil Court at Nelamangala. It was submitted that plaintiffs and defendants in all three suits were same and defence of petitioner-defendant in all was denial of agreement of sale and alleging same to be created or - 4 - HC-KAR CNR: KAHC010624882026 NC: 2026:KHC:49705 CP No. 319 of 2026 concocted. It was submitted that two of three suits were at stage of trial and commencement of trial in one case would prejudice petitioner in other suits as defence and cross- examination would be come known to plaintiffs. It is submitted petitioner no.1 is widow and was facing difficulty in contesting suits before three different courts. On said ground, sought for allowing petition. 3. Heard learned counsel and perused petition. 4. This petition is for transfer of suits filed between same parties before three different Courts for common trial. Grounds urged are commonality of parties and common defence. However, merely on ground of suits are between same persons and one of parties is urging a common defence cannot be a ground for transfer of suits. Suits are filed before competent courts based on territorial jurisdiction under separate agreements of sale in respect of different properties. Inconvenience caused in contesting suits before different courts cannot be stated to be of such nature as to affect right of party in defending them, except where dates of trial is on same day. - 5 - HC-KAR CNR: KAHC010624882026 NC: 2026:KHC:49705 CP No. 319 of 2026 This can be addressed by issuing appropriate directions. Hence, I do not see any merit in petition. 5. Petition is dismissed with observation that Courts before whom O.S.no.5187/2024, O.S.no.1571/2024 and O.S.no.853/2024 are pending, are directed not to fix same date of hearing / trial as other two suits and provide sufficient opportunity to petitioners to putforth their defence. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 2