Allowed

Smt. Shashi Rani v. Sri T.S. Nagaraju

Karnataka HC2 Feb 2023CP/29/2021

Case brief

AI extract

What is this about?

A civil petition seeking transfer of O.S.No.35/2019 from Tiptur to Bengaluru to be tried jointly with O.S.No.7826/2019, both partition suits involving family members. The Court allowed the transfer to avoid conflicting opinions.

What did the court decide?

Transfer of O.S.No.35/2019 to XXVII Additional City Civil and Sessions Judge at Bengaluru (CCH-9) for joint trial with O.S.No.7826/2019.

Smt. Shashi Rani Vs Sri T.S. Nagaraju — Partition | Karnataka HC (2023)

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CP No. 29 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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CIVIL PETITION NO. 29 OF 2021

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BETWEEN:

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SMT.SHASHI RANI W/O.SRI SREEDHAR D/O.LATE T.S.GAYATHRI AGED ABOUT 40 YEARS RESIDING AT SMART COLLECTIONS DISPENSARY ROAD SHIVAJINAGAR

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BENGALURU - 560 001

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SMT.RAJANI W/O.LATE K.J. ASHWIN BALAJI D/O.LATE T.S.GAYATHRI AGED ABOUT 37 YEARS RESIDING AT MUNNU RAO HOUSE NEAR GANESH TEMPLE OPPOSITE TO ULSOOR RAKE

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BENGALURU - 560 042

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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(BY SRI RAJENDRA M.S., ADVOCATE)

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…PETITIONERS

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AND:

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SRI T.S. NAGARAJU S/O.LATE T.N.SHANKAR RAO AGED ABOUT 55 YEARS RESIDING AT NO. 77 PANDURANGA NILAYAM 7^TH MAIN ROAD 50 FEET CROSS ROAD HANUMANTHANAGARA BENGALURU-560 019

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CP No. 29 of 2021

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SRI T.S. MANJUNATH S/O.LATE T.N.SHANKAR RAO AGED ABOUT 70 YEARS RESIDING AT NO.410 AND 411 M/S.NAGARAJA TEXTILES AVENUE ROAD, K.R.MARKET BENGALURU-560 002

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SMT.T.S.VENKU BAI W/O.SRI LAKSHMAN RAO D/O.LATE T.N.SHANKAR RAO AGED ABOUT 60 YEARS RESIDING AT NO.41K NEAR PANDURANGA TEMPLE KAMARAJ ROAD SIVANCHETTY GARDENS BENGALURU-560 040

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SMT.T.S.SRIMATHI SINCE RESPONDENT NO.4 IS DEAD SHE IS REPRESENTED BY HER LEGAR HEIR

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4(a) PRAVEEN S/O.LATE MOHAN KUMAR @ MANJU & LATE T.S.SHRIMATHI AGED ABOUT 58 YEARS RESIDING AT NO.166 12^TH MAIN, 9^TH CROSS KAMAKSHI HOSPITAL ROAD SARASWATHIPURAM MYSURU - 570 009

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SMT. SULOCHANA BAI W/O.LATE T.N.NARAYANA RAO AGED ABOUT 74 YEARS NO.6, M.T. STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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T.N.VIJAY W/O.SRI RAMESH

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CP No. 29 of 2021

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D/O.LATE T.N.NARAYANA RAO AGED ABOUT 60 YEARS RESIDING AT NO.41K NEAR PANDURANGA TEMPLE KAMARAJA ROAD SIVANCHETTY GARDENS BENGALURU-560 040

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T.N.PUSHPALATHA W/O.SRI NARAYANA RAO D/O.LATE T.N.NARAYANA RAO AGED ABOUT 55 YEARS NO.18, 24TH CROSS R.T. STREET, GANDHINAGAR BENGALURU-560 053

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T.N.SATHEESH KUMAR S/O.LATE T.N. NARAYANA RAO AGED ABOUT 53 YEARS NO.6, M.T.STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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T.N.BHARATHI W/O.SRI RAMESH D/O.LATE T.N.NARAYANA RAO AGED ABOUT 48 YEARS R/O. 1^ST FLOOR, NO.18 24^TH CROSS, R.T.STREET GANDHINAGAR BENGALURU-560 053

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10. ROOPA

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W/O.LATE T.N.RAVI AGED ABOUT 48 YEARS NO.6, M.T. STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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SHREYAS S/O.LATE T.N.RAVI AGED ABOUT 20 YEARS

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CP No. 29 of 2021

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NO.6, M.T. STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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T.S.MANJULA W/O.SRI KIRAN D/O.T.N.NARAYANA RAO AGED ABOUT 42 YEARS RESIDING AT NO.3 MUTHYALAMMA TEMPLE STREET SHIVAJINAGAR BENGALURU-560 001

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NAGARATHNA BAI W/O.LATE T.N.MAHADEVA RAO AGED ABOUT 75 YEARS RESIDING AT NO.66/1 SRI VENKATESHWARA NILAY, KANAKAPURA ROAD BASAVANAGUDI BENGALURU-560 004

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SINCE R-13 DIED ON 07.12.2021, THERE ARE NO LEGAL REPRESENTATIVES

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PADMAVATHI

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W/O.LATE T.N.RAMACHANDRA RAO AGED ABOUT 62 YEARS NO.6, M.T. STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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BASANTHI W/O.ASHOK PATHANGE D/O.LATE T.N.RAMACHANDRA RAO AGED ABOUT 38 YEARS NO.6, M.T. STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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MONIKA W/O.RAMESH

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CP No. 29 of 2021

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D/O.LATE T.N.RAMAHANDRA RAO AGED ABOUT 38 YEARS RESIDING AT NO.233, 8^TH CROSS GOVINAYAKAHALLI KUMARASWAMY LAYOUT 2^ND STAGE, BENGALURU-560 078

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SHEETAL

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D/O.LATE T.N.RAMACHANDRA RAO AGED ABOUT 36 YEARS NO.6, M.T. STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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GEETHA D/O.LATE T.N.RAMACHANDRA RAO AGED ABOUT 33 YEARS NO.6, M.T. STREET BVK IYENGAR CROSS ROAD BENGALURU-560 053

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T.N. RAJA KUMAR S/O LATE A. NARASIMHAIAH AGED ABOUT 76 YEARS NO.66/1A, VENKATESHWARA NILAYAM 2^ND FLOOR, OLD KANAKAPURA ROAD BASAVANAGUDI BENGALURU-560 004

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SINCE R-19 DIED ON 16.09.2022, R-20, R-21 & R-22 ARE TREATED AS LRS. OF R-19

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SREENIVAS A.R. S/O.SRI T.N. RAJAKUMAR AGED ABOUT 40 YEARS NO.66/1A, VENKATESHWARA NILAYAM 1^ST FLOOR, OLD KANAKAPURA ROAD BASAVANAGUDI, BENGALURU-560 004

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RAGHAVENDRA A.R. S/O.SRI T.N.RAJAKUMAR

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CP No. 29 of 2021

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AGED ABOUT 38 YEARS NO.66/1A, VENKATESHWARA NILAYAM 2^ND FLOOR, OLD KANAKAPURA ROAD BASAVANAGUDI BENGALURU-560 004

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SRI GIRISH A.R. S/O.SRI T.N.RAJAKUMAR, AGED ABOUT 36 YEARS NO.66/1A, VENKATESHWARA NILAYAM 2^ND FLOOR, OLD KANAKAPURA ROAD BASAVANAGUDI BENGALURU-560 004

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SRI T.N.KRISHNA SWAMY S/O.LATE A.NARASIMHAIAH AGED ABOUT 72 YEARS NO.66/1A, VENKATESHWARA NILAYAM 1^ST FLOOR, OLD KANAKAPURA ROAD BASAVANAGUDI BENGALURU-560 004

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SRI BABU RAO S/O.LATE VISHWANATH AGED ABOUT 45 YEARS R/AT NO.37, 7^TH CROSS 6^TH MAIN ROAD, HMT LAYOUT RT NAGAR POST BENGALURU-560 032

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…RESPONDENTS (BY SRI P.R.NARENDRA, ADVOCATE FOR C/R5-R9, R-12 AND R-14 TO R-22; SRI S.K.VENKATACHALAPATHI, ADVOCATE FOR R-10 AND R-11; SERVICE HELD SUFFICIENT IN RESPECT OF R-1 VIDE ORDER DATED 02.02.2023; NOTICE TO R-2 & R-3 IS DIPENSED WITH VIDE ORDER DATED 02.02.2023; SRI RAJENDRA N.A., ADVOCATE FOR R-24; NOTICE TO R-4(a) AND R-23 IS SERVED AND UNREPRESENTED)

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CP No. 29 of 2021

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO WITHDRAW O.S.NO.35/2019 PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT TIPTUR, TUMAKURU DISTRICT AND TRANSFER THE SAID SUIT TO XXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-9) TO BE TRIED ALONG WITH O.S.NO.7826/2019 AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present petition is filed by defendant Nos.2 and 3 in O.S.No.35/2019, who are the plaintiffs in O.S.No.7826/2019, both pending on the file of the Senior Civil Judge and JMFC, Tiptur, Tumakauru District and XXVII Additional City Civil and Sessions Judge at Bengaluru (CCH-9) respectively.

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The petitioners have filed this petition seeking transfer of original suit in O.S.No.35/2019 to XXVII Additional City Civil and Sessions Judge at Bengaluru (CCH-9) to be tried along with O.S.No.7826/2019. The respondents, who are the plaintiff and defendants in respective cases stated above are represented through their respective counsel.

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Sri P.R.Narendra, learned counsel for respondent Nos.5 to 9, 12 and 14 to 22 is present before the Court, who does not have any objection in the matter being transferred from the

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CP No. 29 of 2021

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Senior Civil Judge and JMFC, Tiptur, Tumakuru District to XXVII Additional City Civil and Sessions Judge at Bengaluru (CCH-9) to be tried along with O.S.No.7826/2019.

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It is not in dispute that both the suits are filed for partition by the family members and pleadings in both suits are complete. As the matter is pending since the year 2019 and in the interest of both the parties, it would be appropriate to try both suits together in one Court in order to avoid any conflicting/divergent opinion and in order to facilitate the plaintiffs, defendants and their respective witnesses to adduce evidence at one place, the petition deserves to be allowed. Accordingly, I pass the following:

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ORDER

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i) The petition is allowed ;

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ii) The proceedings in O.S.No.35/2019 pending on the file of the Senior Civil Judge and JMFC, Tiptur, Tumakauru District, is ordered to be transferred to XXVII Additional City Civil and Sessions Judge at Bengaluru (CCH-9) to be tried along with O.S.No.7826/2019;

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CP No. 29 of 2021

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iii) Since all the parties are represented before this Court, they are directed to appear before XXVII Additional City Civil and Sessions Judge at Bengaluru (CCH-9) in O.S.No.7826/2019 on 18.03.2023, which is the next date of hearing without awaiting any further notice from this Court.

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In view of disposal of the petition, pending interlocutory application does not survive for consideration and the same stands consigned to records.

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Sd/JUDGE

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LB List No.: 1 Sl No.: 29

Smt. Shashi Rani v. Sri T.S. Nagaraju

Case brief

What is this about?

What did the court decide?

Smt. Shashi Rani v. Sri T.S. Nagaraju

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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