- 1 - HC-KAR NC: 2026:KHC:5151 WP No. 13115 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13115 OF 2023 (GM-CPC) BETWEEN: SRI HANUMANTHEGOWDA S/O LATE MANJEGOWDA AGED ABOUT 68 YEARS, AGRICULTURIST, RESIDENT OF HOSAKOPPALU VILLAGE KASABA HOBLI, HASSAN TALUK-573201 (NOTE THE PETITIONER IS NOT CLAIMING THE BENEFIT OF SENIOR CITIZEN) …PETITIONER (BY SRI. BALARAJ A C.,ADVOCATE) AND: 1. SRI MANJEGOWDA S/O LATE KARIGOWDA AGED ABOUT 68 YEARS, 2. SRI MANJEGOWDA S/O LATE KARIGOWDA AGED ABOUT 57 YEARS, 3. SMT RAMAKKA W/O LATE MANJEGOWDA AGED ABOUT 81 YEARS, 4. SRI DINESHA S/O HANUMANTHEGOWDA AGED ABOUT 41 YEARS, ALL ARE RESIDENT OF: HOSAKOPPALU VILLAGE, KASABA HOBLI, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5151 WP No. 13115 of 2023 HASSAN TALUK HASSAN DISTRICT-573201 …RESPONDENTS (BY SRI. SOMASHEKARA K M.,ADVOCATE FOR R1; V/O DATED: 06.07.2023 NOTICE TO R2 TO R4 IS D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDSQUASH THE IMPUGNED ORDERS PASSED BY THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC., HASSAN IN O.S.NO. 652 OF 2011 AND O.S.NO.51 OF 2012 PASSED ON I.A.NO. 12 AND I.A.NO.14 IA NO. 7 BOTH DTD 13/04/2023 (13/04/2022) VIDE ANNEXURE-G AND H. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “i) Call for records; ii) Issue a writ in the nature of certiorari and quash the impugned orders passed by the learned IV Additional Civil Judge and JMFC, Hassan in O.S.No.652/2011 and O.S.No.51/2012 passed on I.A.No.12 and I.A.No.7 both dated 13.04.2023 (13.04.2022) vide Annexures – G and H. iii) Issue appropriate writ or direction to the court below for clubbing the suits filed by the petitioner and respondent No.1 in O.S.No.651/2011 and O.S.No.51/2012 and for its disposal by passing common judgment and decree, by allowing the I.A.No.12 and I.A.No.7 vide Annexures – C and E. - 3 - HC-KAR NC: 2026:KHC:5151 WP No. 13115 of 2023 iv) Issue such other writ, order or direction as deems fit in the circumstances of the case and allow the above writ petition with costs, to meet the ends of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that there are two suits in O.S.No.652/2011 and O.S.No.51/2012 pending between the petitioner and respondents in relation to the same subject matter. Under these circumstances, the petitioner having filed clubbing applications in both the suits, the same having been rejected by the trial Court, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. A perusal of the material on record will indicate that both the suits in O.S.No.652/2011 and O.S.No.51/2012 are pending before the same Court in relation to the very same subject matter. Under these circumstances, in order to avoid duplication of evidence and prevent conflicting orders, I deem it just and appropriate to set aside the impugned order and direct clubbing of both O.S.No.652/2011 and O.S.No.51/2012 pending before the very same trial Court for disposal together in accordance with law. - 4 - HC-KAR NC: 2026:KHC:5151 WP No. 13115 of 2023 5. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned orders both dated 13.04.2023 at Annexures – G and H on I.A.No.12 in both the suit on the file of IV Additional Civil Judge and JMFC., Hassan, is hereby set aside. iii) The Trial Court is directed to dispose of both O.S.No.652/2011 and O.S.No.51/2012 in accordance with law within a period of six months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 31