- 1 - HC-KAR NC: 2026:KHC:5829 WP No. 32752 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32752 OF 2025 (GM-CPC) BETWEEN: SMT ANITHA S/O RAMESH R AGED ABOUT 38 YEARS, R/AT NO.12, 3RD MAIN ROAD, 9TH CROSS, BESIDE YELLAMMA TEMPLE, AGRAHARA DASARAHALLI, MAGADI MAIN ROAD, BENGALURU 560079. …PETITIONER (BY SRI. SATEESH B.,ADVOCATE) AND: 1. SMT GAYATHRI W/O SRI KRISHNAPPA AGED ABOUT 52 YEARS, 2. SRI KRISHNAPPA S/O SRI K VENKATARAMANAPPA AGED ABOUT 58 YEARS, BOTH ARE RESIDING AT NO.7, 12TH A CROSS, AGRAHARA DASARAHALLI BENGALURU 560079. …RESPONDENTS (BY SRI. B VIJAY SHETTY.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO CALL FOR ENTIRE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5829 WP No. 32752 of 2025 RECORD IN OS NO. 2329/2024 ON THE FILE OF THE XI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND PERUSE THE SAME.B) QUASH THE ORDER PASSED BY THE XI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN OS NO. 2329/2024 ON IA NO. 2, VIDE ORDER DATED 28/08/2025 VIDE ANNX-G. 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 plaintiff in O.S.No.2329/2024 is directed against the impugned order dated 28.08.2025 passed by the XI Additional City Civil and Sessions Judge, Bengaluru, whereby the application I.A.No.2 filed by the respondents-defendants under Section 10, read with 151 CPC seeking stay of the said suit pending disposal of the previously instituted suit in O.S.No.4634/2022 filed by the respondents was allowed by the trial Court. 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 the respondents in Gayathri and Krishnappa instituted a suit in - 3 - HC-KAR NC: 2026:KHC:5829 WP No. 32752 of 2025 O.S.No.4634/2022 against Anitha and Venkataramanappa for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner, who is the defendant in the said suit along with one Venkataramanappa. In addition to defending the suit, the petitioner along with Venkataramanappa has also put forth a counter claim, which was rejected on the ground of non-payment of court fee. Subsequently, the petitioner instituted the instant suit in O.S.No.2329/2024 against the respondents herein (plaintiffs in O.S.No.4634/2022) for declaration, possession and other reliefs in relation to the plaint schedule property involved in the said suit. 4. In the said suit, the respondents herein who are arrayed as defendants in the said suit in O.S.No.2329/2024, filed the instant application invoking Section 10 and inter alia contending that since the parties were contesting in the previously instituted suit in O.S.No.4634/2022, the present suit in O.S.No.2329/2024 deserves to be stayed till disposal of the earlier suit. By the impugned order, the trial Court allowed I.A.No.2 filed by the respondents, aggrieved by which, the petitioner is before this Court by way of the present petition. - 4 - HC-KAR NC: 2026:KHC:5829 WP No. 32752 of 2025 5. Learned counsel for the petitioner and learned counsel for the respondents jointly submit that since both O.S.No.2329/2024 and O.S.No.4634/2022 are pending before the very same Court, the trial Court may be directed to consolidate, club, try and dispose of both the suits together in accordance with law. 6. The aforesaid joint submission is placed on record 7. Under the aforesaid facts and circumstances of the case and in view of joint submission, petition deserves to be disposed of accordingly. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated 28.08.2025 in I.A.No.2 on the file of XI Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii) I.A.No.2 filed by the respondents stands disposed of. - 5 - HC-KAR NC: 2026:KHC:5829 WP No. 32752 of 2025 iv) The trial Court i.e., the Court of the XI Additional City Civil and Sessions Judge, Bengaluru (CCH-8), before whom both O.S.No.2329/2024 and O.S.No.4634/2022 are pending is hereby directed to consolidate, club, try and dispose of both the suits in accordance with law as expeditiously as possible. v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 43