- 1 - HC-KAR NC: 2026:KHC:10126 WP No. 694 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 694 OF 2026 (GM-CPC) BETWEEN: THIMMAPPA M @DEEPAK POOJARY AGED ABOUT 48 YEARS, S/O MANJUPOOJARI, R/AT NO. 14, ABOVE KUSUMA DELUXE, KAIKANDARAHALLI, NEAR BELLADUR GATE, BENGALURU- 560 035 …PETITIONER (BY SRI. KIRAN. R.,ADVOCATE) AND: SMT SUGUNA W/ O GAJENDRA REDDY, AGED ABOUT 50 YEARS, R/AT 140/1, KODATHI GATE, CARMELARAM POST, VARTHURHOBLI, BENGALURU- 560 035 …RESPONDENT (BY SRI. MANIVANNAN G., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO ORDER DTD 11.12.2025 ON IA NO. OS NO. 2280/2022 PASSED BY THE LEARNED 3RD ADDL SENIOR CIVIL JUDGE BENGALURU RURAL DIST MARKED AS ANNEXURE-F AS THE SAME IS ERRONEOUS AND CONSEQUENTLY ALLOW THE IA DATED 2.12.2025 MARKED AS ANNEXURE-D. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10126 WP No. 694 of 2026 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 plaintiff in O.S.No.1333/2025 (old O.S.No.258/2022) is directed against the impugned order dated 11.12.2025, whereby the application filed by the petitioner to club the said suit along with O.S.No.2280/2022 filed by the respondent was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate respondent - plaintiff instituted the aforesaid suit in O.S.No.2280/2022 against the petitioner-defendant for ejectment/eviction and for other reliefs in relation to the suit schedule immovable property. Prior to the said suit being filed by the respondent-plaintiff against the petitioner-defendant, the petitioner-defendant had already instituted one more suit in O.S.No.1333/2025 (old O.S.No.258/2022) for permanent injunction and other reliefs. - 3 - HC-KAR NC: 2026:KHC:10126 WP No. 694 of 2026 4. Under these circumstances, the respondent-plaintiff filed a memo clearly undertaking that he will not disturb the possession of the petitioner from the suit schedule premises till disposal of O.S.No.2280/2022 filed by him. The said memo reads as under: “The undersigned counsel for the plaintiff and plaintiff submits that, the plaintiff filed the above suit against the defendant for the relief of ejectment and defendant filed suit against the plaintiff in OS No.1333/2025 for the relief of injunction due process of law they have not disturb the defendant possession until passing of this Hon’ble court order and the same may be taken on record, in the interest of justice and equity.” 5. Despite the respondent having filed such a memo, the petitioner filed the instant application seeking clubbing of both the suits, which was rightly rejected by the trial Court by passing the impugned order which cannot be said to have caused any prejudice to the petitioner, warranting interference by this Court in exercise of its 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. - 4 - HC-KAR NC: 2026:KHC:10126 WP No. 694 of 2026 Muthalammal – AIR 2021 SC 3443 and Mohammed Ali Vs. Jaya – (2022) 10 SCC 477. 6. In the result, I pass the following: ORDER i) The petition is hereby disposed of without interfering with the impugned order. ii) The trial Court before whom O.S.No.1333/2025 (old O.S.No.258/2022) is pending is directed to dispose of the said suit as having become infructuous immediately upon receipt of a copy of this order. iii) The trial Court before O.S.No.1333/2025 (old O.S.No.258/2022) in which the petitioner is the plaintiff is directed to return back all the original documents back to the petitioner immediately upon receipt of a copy of this order. iv) 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 MDS List No.: 3 Sl No.: 48