- 1 - HC-KAR NC: 2026:KHC:2667 WP No. 14728 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14728 OF 2023 (GM-CPC) BETWEEN: 1. VENKATASWAMY S/O LATE MUNIYAPPA, AGED 59 YEARS, 2. MURTHI S/O VENKATASWAMY, AGED ABOUT 33 YEARS, 3. SHIVAKUMAR S/O VENKATASWAMY, AGED ABOUT 32 YEARS, ALL ARE R/AT AMBEDKAR COLONY, 1ST CROSS, HOSAKOTE TOWN, HOSAKOTE TALUK-562 114, BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. MUNISWAMY S/O LATE VENKATARAMANAPPA, AGED ABOUT 47 YEARS, 2. SHOBA D/O LATE VENKATARAMANAPPA, AGED ABOUT 42 YEARS, 3. ANAND KUMAR S/O LATE VENKATARAMANAPPA, AGED ABOUT 47 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2667 WP No. 14728 of 2023 4. VENKATAMMA W/O LATE VENKATARAMANAPPA, AGED ABOUT 66 YEARS, RESPONDENTS NO.1 TO 4 ARE R/AT AMBEDKAR COLONY, 1ST CROSS, HOSAKOTE TOWN, HOSAKOTE TALUK-562 114, BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI. GIRI K, ADVOCATE FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT HOSAKOTE IN OS.NO.206/2018 DTD 23.5.2023 VIDE ANNX-G TO THIS WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. This petition by the defendants in O.S.No.206/2018 is directed against the impugned order dated 23.05.2023, whereby the application filed by the petitioners herein under Section 151 CPC to club the said suit along with O.S.No.268/2022 filed by them for declaration, permanent injunction and other reliefs was dismissed by the Trial Court. 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:2667 WP No. 14728 of 2023 3. A perusal of the material on record would indicate that the respondents - plaintiffs instituted O.S.No.206/2018 against the defendants - petitioners herein for permanent injunction and other reliefs in respect of suit schedule immovable properties. During the pendency of the said suit, the petitioners herein have instituted O.S.No.268/2022 against the respondents for declaration, permanent injunction and other reliefs. Under these circumstances, the petitioners having moved the instant application seeking consolidation/clubbing of both the suits, the Trial Court proceeded to pass the impugned order holding that the subject matter of both the suits were different and as such, the same cannot be consolidated/clubbed. Aggrieved by the same, the petitioners are before this Court by way of present petition. 4. While according to the respondents - plaintiffs, the subject matter of O.S.No.206/2018 filed by them against the petitioners herein is different from the subject matter of O.S.No.268/2022 filed by the petitioners herein against the respondents, learned counsel for the petitioners submits that the parties to both the suits are same and even the subject matter of both the suits are identical - 4 - HC-KAR NC: 2026:KHC:2667 WP No. 14728 of 2023 and similar and common questions of law and facts arise for consideration in both the suits. 5. In the instant case, having regard to the undisputed fact that the parties to both the suits are one and the same, the question/issue as to whether the subject matter of both the suits are different or identical, would necessarily have to be decided by the Trial Court by providing an opportunity to both the parties in order to prevent duplication of evidence and to avoid conflicting orders. As such, I deem it just and appropriate to set aside the impugned order and allow the instant application for clubbing/consolidation of the suit filed by the petitioners with the suit filed by the respondents with a direction to the Trial Court to dispose of both the suits in accordance with law. 6. In the result, the impugned order is set aside. The Trial Court is directed to consolidate/club O.S.No.206/2018 with O.S.No.268/2022 and dispose of the same together in accordance with law. - 5 - HC-KAR NC: 2026:KHC:2667 WP No. 14728 of 2023 7. All rival contentions on all aspects of the matter are kept/left open to be decided by the Trial Court and no opinion is expressed on the merits/demerits of the rival contentions. Subject to the above observations, the writ petition stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE PKS List No.: 1 Sl No.: 24