- 1 - HC-KAR NC: 2026:KHC:5977 WP No. 16153 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16153 OF 2025 (GM-CPC) BETWEEN: 1. SMT PADMA W/O C V DEVADAS AGED ABOUT 60 YEARS HOUSEWIFE D./O LATE JAVAREGOWDA R/AT CHANDAGALU VILLAGE HEBBALU HOBI K R NAGAR TALUK …PETITIONER (BY SRI. AKARSH KUMAR GOWDA., ADVOCATE) AND: 1. SMT LALITHAMMA D/O LATE JAVAREGOWDA, W/O KRISHNEGOWDA, AGED ABOUT 62 YEARS, HOUSEWIFE, R/AT HUNASAVADI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK - 571107 2. SRI. J. VENKATESHA S/O LATE JAVAREGOWDA, AGED ABOUT 66 YEARS, AGRICULTURIST, R/AT CHAPARADAHALLI VILLAGE, HARNAHALLI HOBLI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5977 WP No. 16153 of 2025 PERIYAPATNA TALUK - 571102 3. SRI. M.V. SWAMY S/O J. VENKATESHA, AGED ABOUT 43 YEARS, R/AT CHAPARADAHALLI VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK - 571102 4. SMT. H.J. TEJASWINI W/O M.V. SWAMY, AGED ABOUT 40 YEARS, R/AT CHAPARADAHALLI VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK - 571102 5. SMT. MANJULA W/O LATE SRINIVASA, AGED ABOUT 54 YEARS, R/AT MANCHADEVANAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK - 571104 6. SRI. SHIVAKUMAR S/O LATE SRINIVASA, AGED ABOUT 37 YEARS, AGRICULTURIST, R/AT MANCHADEVANAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK - 571104 7. SRI. RAJU S/O LATE SRINIVASA, AGED ABOUT 35 YEARS, AGRICULTURIST, R/AT MANCHADEVANAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK - 571104 - 3 - HC-KAR NC: 2026:KHC:5977 WP No. 16153 of 2025 8. SRI. G.K. ASWATH S/O LATE G. KESHAVAIAH, AGED ABOUT 65 YEARS, R/AT 3RD BLOCK, RATHA BEEDI, KUSHALNAGAR TOWN, SOMWARPET TALUK, KODAGU DISTRICT - 571234. …RESPONDENTS (BY SRI. V.F. KUMBAR, ADVOCATE FOR R-5 TO R-7) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S NO. 12/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC PERIYAPATNA; AND TO QUASH THE IMPUGNED ORDER DATED 14.08.2024 PASSED ON IA NO. 2 IN OS NO. 12/2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant No. 7 in O.S.No.12 / 2023, is directed against the impugned order dated 14.08.2024 passed on I.A No. 2 by the Senior Civil Judge Periyapatna, whereby the said - 4 - HC-KAR NC: 2026:KHC:5977 WP No. 16153 of 2025 application filed by the first respondent / plaintiff seeking stay of further proceedings in FDP No.6 / 2022 pending disposal of the present suit, was allowed by the Trial Court. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the aforesaid FDP No.6 / 2022 has been instituted by the petitioner herein to enforce and implement the preliminary decree passed in O.S.No.243 / 2014. The said final decree proceedings in FDP No.6/2022 are pending before the Senior Civil Judge Periyapatna. In addition thereto, the first respondent / plaintiff instituted the present suit in O.S.No.12/2023 against petitioner / defendant No. 7 and other defendants in respect of properties which were not subject matter of the final decree proceedings. Under these circumstances, the respondent No.1 who is the plaintiff in O.S.No.12 / 2023, filed the instant application seeking stay of FDP No.6 / 2022 till disposal of O.S.No.12/2023. The said application having been opposed by the petitioner, the Trial court proceeded to - 5 - HC-KAR NC: 2026:KHC:5977 WP No. 16153 of 2025 pass the interim order allowing the application, aggrieved by which the petitioner is before this Court by way of the present petition. 4. The undisputed material on record will indicate that the parties to both O.S.No.12/2023 and FDP No. 6 / 2022, are one and the same. The relationship between the parties is also not in dispute and certain additional family members have been included in OS No.12/2023 and certain properties which were left out are the subject matter of the present suit. It is also not in dispute that both O.S No.12 / 2023 and FDP No.6 / 2022 are presently pending before the Senior Civil Judge, Periyapatna. 5. Under these circumstances, with the consent of both parties, and to prevent duplication of evidence and to avoid conflicting orders, I deem it just and appropriate to dispose of this petition by modifying the impugned order and by setting aside the impugned order and disposing of I.A No.2 by directing O.S No.12/2023 to be clubbed, consolidated and disposed of along with FDP No.6/2022, in accordance with law. Accordingly, I pass the following: - 6 - HC-KAR NC: 2026:KHC:5977 WP No. 16153 of 2025 ORDER i) Petition is hereby disposed of. ii) The impugned order dated 14.08.2024 passed on I.A.No.2 in O.S.No.12/2023, is hereby set aside. iii) I.A. No.2 filed by the respondent No.1 is hereby disposed of by directing that O.S.No.12/2023 shall be consolidated, clubbed, tried and disposed of along with FDP No.6/2022, in accordance with law. iv) All rival contentions between all the parties in both O.S.No.12/2023 and FDP No.6/2022 are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE KS List No.: 1 Sl No.: 5