- 1 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.27194 OF 2023 (GM-CPC) BETWEEN: 1. SRI A BALARAJ S/O LATE ABBAIAH, AGED ABOUT 50 YEARS, 2. SMT PADMA W/O LATE A ASHOK AGED ABOUT 54 YEARS, 3. SRI A SRINIVAS S/O LATE ABBAIAH, AGED ABOUT 48 YEARS, 4. SMT SAVITHRAMMA W/O NARAYANASWAMY, D/O LATE ABBAIAH, AGED ABOUT 58 YEARS, ALL ARE R/AT GURAPPANA PALYA, BEGUR HOBLI, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, PETITIONER NOS.1 & 3 ARE REP BY THEIR POWER OF ATTORNEY HOLDER, SRI. S. RAVICHANDRAN, S/O LATE SOMASASUNDARAN, AGED ABOUT 55 YEARS, R/AT EAST STREET, VIPPAMALALAI VILLAGE AND POST, THIRUCHANGUD TALUK, NAMAKKAL DISTRICT-637410. ALSO AT NO.12, JANATHA HOTEL BUILDING, WILSON GARDEN, BENGLAURU – 560 027. …PETITIONERS (BY SRI. MANOHAR N., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 AND: 1. THE CHIEF SECRETARY STATE OF KARNATAKA, AMBEDKAR VEEDHI, VIKASA SOUDAH, BENGALURU-560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA KRUPA BENGALURU-560 020. 3. SRI. H. GOVINDARAJ S/O HANUMANTHAPPA, AGED ABOUT 62 YEARS, RESIDING AT OLD NO.14 NEW NO.14/17, BTM LAYOUT, BENGALURU-560 076. 4. BANK OFFICER’S CO OPERATIVE HOUSING SOCIETY LTD A CO OPERATIVE SOCIETY, REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 HAVING ITS REGISTRED OFFICE AT GF-006 ACHARYA SANKEERTAN AICOBB NAGAR, 9TH MAIN, II CROSS, B.T. M LAYOUT, II STAGE, BENGALURU-560 076 REPRESENTED BY ITS SECRETARY. 5. SMT CHAYAMMA D/O LATE ABBAIAH, W/O SRINIVAS AGED ABOUT 69 YEARS, R/AT NO.1213 2ND MAIN, 1ST BLOCK, JAYANAGAR, BENGALURU – 560 041. 6. SMT MAHADEVAMMA D/O LATE ABBAIAH, W/O T.LINGARAJU, AGED ABOUT 67 YEARS, - 3 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 R/O KAKARAMANAHALLI VILLAGE, GANAKAL POST, BIDADI HOBLI, RAMANAGARA TALUK-562 109. 7. SMT NAGARATHNA D/O LATE ABBAIAH, W/O LATE PARTHASARTHY, AGED ABOUT 65 YEARS, R/O MAGARAGONDANAHALLI, KAMBAL POST, NELAMANGALA 562123 BENGALURU RURAL DISTRICT. 8. SMT SAKAMMA D/O LATE ABBAIAH, W/O LATE SHIVARAMU, AGED ABOUT 63 YEARS, R/AT VADDARAPALYA, GOTTIGERE POST, BANNERGHATTA ROAD, BENGALURU-560 083. 9. SMT MANJULAMMA D/O LATE PARVATHAMMA, W/O HEMANTH AGED ABOUT 54 YEARS, 10. SMT KAMALAMMA D/O LATE PARVATHAMMA W/O RAJU AGED ABOUT 52 YEARS, 11. SMT RENUKAMMA S/O LATE PARVATHAMMA, W/O MANJUNATH, AGED ABOUT 50 YEARS, 12. SRI VASUDEVA S/O LATE PARVATHAMMA AGED ABOUT 51 YEARS, 13. SRI M.S RAMAIAH S/O LATE PARVATHAMMA AGED ABOUT 45 YEARS, - 4 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 R-9 TO R-13 ARE R/AT NO. 4730/31 C CHAMAPPA BADAVANE, NELAMANGALA 562123 BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SMT. V. HEMALATHA, HCGP FOR R-1; SRI. MURUGESH V. CHARATI, ADVOCATE FOR R-2; SRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR R-3; SMT.ASHWINI RAJ GOPAL, ADVOCATE FOR R-4; SRI. C.M. RAGHUNATH, ADVOCATE FOR R-5, R-6, R-8 & R-9; SRI. H.S. SOMANATH, ADVOCATE FOR R-7, R-10, R-11, R-12 & R-13) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22/11/2022 PASSED BY THE LVI ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-57) ON I.A.NO.18 IN O.S.NO.415/2016 (VIDE ANNEXURE-J). 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 This petition by the plaintiffs in O.S.No.415/2016 on the file of the LVI Addl. City Civil & Sessions Judge, Bangalore, is directed against the impugned order dated 22.11.2022 passed on I.A.No.16 and I.A.No.18 whereby the said applications filed by proposed defendant No.4 and proposed defendant Nos.5 to 13 to come on record as additional defendants in the suit were allowed by the Trial Court. - 5 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners-plaintiffs instituted the aforesaid suit in O.S.No.415/2016 against defendant Nos.1 to 3 for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. In the said suit, the State of Karnataka was arrayed as defendant No.1 while Bengaluru Development Authority was arrayed as defendant No.2 and one H. Govindaraj was arrayed as defendant No.3. Prior to institution of said suit in O.S.No.415/2016, Smt. Chayamma and others had already instituted one more suit in O.S.No.1426/2015 against the petitioners and their mother Smt.Venkatalakshmamma for declaration, permanent injunction and other reliefs in respect of the very same suit schedule property. Under these circumstances, since they were not impleaded / arrayed as parties to the suit in O.S.No.415/2016, which was instituted subsequent to the suit in O.S.No.1426/2015, respondent Nos.5 to 13 (plaintiffs in O.S.No.1426/2015) filed an application I.A.No.18 seeking impleadment as additional defendants to the suit. Meanwhile, the Bank Officer’s Co-operative Housing Society - 6 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 Limited also instituted one more application I.A.No.16 seeking impleadment as additional defendant No.4 to the suit in O.S.No.415/2016. By the impugned common order, the Trial Court proceeded to allow both the impleadment applications thereby directing the aforesaid Society to be impleaded as defendant No.4 and the impleading applicants in I.A.No.18, who are the plaintiffs in O.S.No.1426/2015 as defendant Nos.5 to 13 to the suit. Aggrieved by the impugned order passed by the Trial Court allowing I.A.Nos.16 and 18, the petitioners – plaintiffs are before this Court by way of the present petition. 4. A perusal of the material on record as stated above will clearly indicate that parties to both the suits are one and the same and since the impleaded defendant Nos.5 to 13 had already instituted one more earlier suit in O.S.No.1426/2015 against the petitioners – plaintiffs in O.S.No.415/2016 as well as their mother. It is needless to state that common questions of law and fact arise for consideration in both the suits and consequently, the Trial Court was fully justified in passing the impugned order, which cannot be said to suffer from any illegality or infirmity nor can the same be said to have occasioned failure of justice warranting interference by - 7 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 this Court in exercise of my jurisdiction under Article 227 of the Constitution of India as held by the Apex Court in the cases of Radhey Shyam Vs. Chhabi Nath - (2015) 5 SCC 423, K.P. Natarajan Vs. Muthalammal – AIR 2021 SC 3443 and Mohamed Ali Vs. V. Jaya & others – (2022) 10 SCC 477. 5. At this stage, learned counsel for all the parties jointly submit that since both the suits in O.S.No.415/2016 and O.S.No.1426/2015 are pending before two different Courts, the same may be directed to be transferred to a single Court and to be clubbed / consolidated for disposal together in accordance with law. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by issuing certain directions. 6. In the result, I pass the following: ORDER (i) The petition is hereby disposed of without interfering with the impugned order. (ii) The suit in O.S.No.415/2016, which is currently pending on the file of the LVI Additional City Civil & Sessions Judge, Bengaluru (CCH-57) is directed to be withdrawn from - 8 - HC-KAR NC: 2026:KHC:3946 WP No. 27194 of 2023 the said Court and be transferred to the file of the XXXVII Additional City Civil & Sessions Judge (CCH-38), Bengaluru, to be consolidated, clubbed, tried and disposed of along with O.S.No.1426/2015 pending before the said Court, in accordance with law. (iii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 74