- 1 - HC-KAR NC: 2026:KHC:9428 WP No. 13024 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13024 OF 2025 (GM-CPC) BETWEEN: SRI. MUNIRAJU K.H, S/O. LATE M. HANUMAIAH, AGED ABOUT 61 YEARS, R/AT KONDAJJI MAJURE GOPPENAHALLI GATE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT. …PETITIONER (BY SRI. MANJUNATHA N M., ADVOCATE) AND: 1. SMT. KAVITHA D/O. LATE BASAVARAJU, AGED ABOUT 47 YEARS, R/AT : KONDAJJI VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT. 2. SMT. LALITHAMMA, W/O. LATE BASAVARAJU, AGED ABOUT 69 YEARS, R/AT KONDAJJI VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9428 WP No. 13024 of 2025 3. SRI. KANTHARAJU, S/O. LATE BASAVARAJU, AGED ABOUT 52 YEARS, R/AT: KONDAJJI VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT. …RESPONDENTS (BY SRI. MADHUSUDHAN M.N, ADVOCATE FOR RESPONDENT NO.1; VIDE ORDER DATED 10.11.2025, NOTICE TO RESPONDENT NOS.2 AND 3 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 30.08.2024 PASSED ON I.A NO.II FILED BY THE PETITIONER UNDER ORDER I RULE 10 OF THE CODE OF CIVIL PROCEDURE, IN O.S. NO.476/2022 BY THE LEARNED CIVIL JUDGE AND JMFC, AT TURUVEKERE, AS PER ANNEXURE - D AND ETC. 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 In this petition, the petitioner seeks the following reliefs: "To issue writ of Certiorari or any other writ thereby set aside the order dated 30.08.2024 passed on IA No.II filed by the petitioner under Order I Rule - 3 - HC-KAR NC: 2026:KHC:9428 WP No. 13024 of 2025 10 of the code of civil procedure, in O.S.No.476/2022 by the learned Civil Judge & JMFC, At-Turuvekere, as per Annexure 'D'. To issue any other appropriate writ and pass any such order/s as this Hon'ble court deems fit in the interest of justice." 2. A perusal of the material on record will indicate that the respondent No.1 filed the instant suit in O.S. No.476/2022 against the respondent Nos.2 and 3 for partition and separate possession of her alleged share in the suit schedule immovable properties and for other reliefs. In addition thereto, the petitioner herein has instituted another suit in O.S No.312/2015 against the respondents and others and the said suit is pending before the Trial Court. 3. Under these circumstances, since common questions of law and facts arise for consideration in both the suits and in order to avoid duplication of evidence and to prevent conflicting orders, I deem it just and appropriate to dispose of this petition directing the Trial Court before whom both O.S. No.476/2022 and O.S. No.312/2015 are pending, to - 4 - HC-KAR NC: 2026:KHC:9428 WP No. 13024 of 2025 club, consolidate, try and dispose of both suits together in accordance with law. 4. The Petition is hereby disposed of without interfering with the impugned order. The Trial Court before whom both the suits viz. O.S. No.476/2022 and O.S. No.312/2015 are pending, is directed to club, consolidate, try and dispose of both the suits together in accordance with law. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA/List No.: 3 Sl No.: 19