Allowed

Smt. Rajeshwari. H. R. v. Sri. Ramakrishnappa

Karnataka HC20 Dec 2023CRP/723/2023

Case brief

AI extract

What is this about?

Civil Revision Petition filed under Section 115 of CPC against an order dismissing an application under Section 24 of CPC to transfer two suits involving the same property. The High Court allowed the revision and ordered the transfer of the suits to be tried together.

What did the court decide?

Petition allowed; suit in O.S.No.632/2014 transferred to Court where O.S.No.1679/2021 is pending; O.S.No.1679/2021 treated as lead suit.

Smt. Rajeshwari. H. R. Vs Sri. Ramakrishnappa — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:46761 CRP No. 723 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CIVIL REVISION PETITION NO. 723 OF 2023

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BETWEEN:

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SMT. RAJESHWARI. H.R. W/O. D.N. SADANANDAMURTHY, AGED ABOUT 39 YEARS, RESIDING AT NO. 8, 5^TH CROSS, 4^TH MAIN, AGRAHARA DASARAHALLI, BENGALURU-560 079.

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…PETITIONER

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(BY SRI. SUBBA SHASTRY N.,ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. RAMAKRISHNAPPA S/O. LATE PUTTATHAYAPPA, AGED ABOUT 72 YEARS, RESIDING AT NO.1, NEAR BYDARAHALLI BUS STOP, VISHVANEEDAM POST, BENGALURU-560 091.

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SRI. KESHAVAMURTHY S/O. LATE PUTTATHAYAPPA, AGED ABOUT 61 YEARS, RESIDING AT NO.1, NEAR BYDARAHALLI BUS STOP, VISHVANEEDAM POST, BENGALURU-560 091.

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SMT. B.P. SUNANDAMMA W/O. THIMMAPPA GOWDA, D/O. LATE PUTTATHAYAPPA, AGED ABOUT 68 YEARS, RESIDING AT NO. 128,

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2 - NC: 2023:KHC:46761 CRP No. 723 of 2023

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NEAR BYADARAHALLI BUS STOP, VISHVANEEDAM POST, BENGALURU-560 091.

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SMT. B.P. JAYAMMA W/O. B.P. KRISHNAPPA, D/O. LATE PUTTATHAYAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 71, BEHIND GOVERNMENT SCHOOL, BYADARAHALLI, VISHVANEEDAM POST, BENGALURU-560 091.

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SMT. SHASIKALA W/O. BYLEGOWDA, AGED ABOUT 39 YEARS, RESIDING AT NO. 1430, 10^TH MAIN ROAD, HOSAHALLI, VIJAYANAGAR, BENGALURU-560 040.

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SRI. VINAY S/O. LATE NANJUNDAPPA, AGED ABOUT 34 YEARS, RESIDING AT NO. 128, NEAR BYADARAHALLI BUS STOP, VISHVANEEDAM POST, BENGALURU-560 091.

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SRI. M.G. RENUKAIAH S/O. SRI. GANGAREVAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO.452 (E), 4^TH CROSS, AROGYA BADAVANE, SRIGANDADA KAVAL, BENGALURU-560 091.

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…RESPONDENTS

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(BY SMT. HIMA M., ADVOCATE FOR SMT. KAVITHA D, ADVOCATE FOR RESPONDENT NOS.1 TO 6)

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THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 27.09.2023 PASSED IN MISC.NO.35/2023 ON

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NC: 2023:KHC:46761 CRP No. 723 of 2023

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THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE MISCELLANEOUS PETITION FILED UNDER SECTION 24 OF CPC.

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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 petitioner has challenged an order dated 27.09.2023 passed by the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru in Misc. No.35/2023.

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The petitioner herein had filed O.S.No.632/2014

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for the relief of perpetual injunction in respect of a residential house constructed on a property bearing No.236 situated at Sy.No.133 of Harohalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk.

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In the meanwhile, O.S.No.1679/2021 was filed by the respondent Nos.1 to 6 herein for the relief of declaration that they are the absolute owners of the residential house bearing No.236 formed in Sy.No.133 of Harohalli Village, Yashwantupur Hobli, Bengaluru North Taluk.

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NC: 2023:KHC:46761 CRP No. 723 of 2023

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The petitioner herein therefore, filed a petition under Section 24 of the Civil Procedure Code, in Misc.No.35/2023 to transfer O.S.No.632/2014 to be tried along with O.S.No.1679/2021. The District Court in terms of the impugned order dismissed the petition on the ground that the suit filed in O.S.No.632/2014 was for perpetual injunction, while the suit filed in O.S.No.1679/2021 is for declaration and injunction in respect of 02 acres of land in Sy.No.133 of Harohalli Village, Yashwanthpur Hobli, out of 07 acres 27 guntas. It therefore, held that that subject matter of both the suits are not the same and consequently dismissed the petition. Being aggrieved by the same, this petition is filed.

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When the petition was listed for orders, the learned counsel for the respondent Nos.1 to 6 - Smt. D.Kavitha submits that they have no objection for transferring the suit filed by the petitioner in O.S.No.632/2014 to be tried along with O.S.No.1679/2021.

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In that view of the matter, this petition is allowed and the suit in O.S.No.632/2014 is ordered to be

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NC: 2023:KHC:46761 CRP No. 723 of 2023

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transferred to Court where O.S.No.1679/2021 is pending consideration. It is needless to mention that the suit in

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O.S.No.1679/2021 shall be treated as the lead suit and all evidence shall be recorded in the said suit and a common judgment shall be passed.

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Sd/JUDGE

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List No.: 1 Sl No.: 8

Smt. Rajeshwari. H. R. v. Sri. Ramakrishnappa

Case brief

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Smt. Rajeshwari. H. R. v. Sri. Ramakrishnappa

Case brief

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