Writ petition challenging transfer of a declaration and injunction suit to another Court where a parallel suit over the same property was pending. The High Court held that since parties and suit properties were identical, transfer avoided conflicting findings, but directed the older suit be decided first.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 11870 OF 2017 (GM-CPC)
BETWEEN:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
D/O LATE A. KRISHNAPPA @ KRISHNA REDDY AGED ABOUT 38 YEARS,
ALL ARE RESIDING AT NO.22, NEW POLICE STATION ROAD, P.A.STREET, 3RD CROSS, KRISHNARAJAPURAM, BENGALURU-560036.
…PETITIONERS
(BY SRI. NAGA REDDY V., ADVOCATE)
AND:
NO.1(a) TO 1(c) ARE RESIDING AT NO.679/1, INDIRANAGAR 1ST STAGE, 9TH A MAIN ROAD, BENGALURU-560038.
1(d) SRI. K. SURESH S/O. LATE H.M.KRISHNA AND LATE A. NARAYANAMMA, AGED ABOUT 56 YEARS, R/AT NO.679/1, INDIRANAGAR 1ST STAGE, 9TH A MAIN ROAD, BENGALURU-560038.
PRESENTLY RESIDING AT NO.635, SOUTH ELLIS STREET, APT. NO.2106, CHANDLER ARIZONA 85224, USA-85224.
3. VINAYAKAMMA
W/O EARASWAMY AGED ABOUT 62 YEARS, SINCE DEAD BY HER LEGAL HEIRS ARE ALREADY ON RECORD i.e. RESPONDENTS NO.2, 4 TO 6 HEREIN
3 AND 4 RESPONDENTS ARE R/AT NO.304, 4TH CROSS, BEHIND AMARJYOTHI SCHOOL, DEVASANDRA, BANGALORE-36.
BOTH 5 AND 6 RESPONDENTS R/AT. HOUSING BOARD, BESIDE ANGANAWADI, BEHIND POLICE STATION, HOSKOTE-562114.
…RESPONDENTS
(BY SRI.SRIVASTHAVA H.K., ADVOCATE FOR RESPONDENT NOS.4 TO 6; SRI. V. ANAND, ADVOCATE FOR RESPONDENT NOS.1(a) TO 1(d); VIDE ORDER DATED 24.10.2019, NOTICE TO RESPONDENT NO.1 IS HELD SUFFICIENT;
RESPONDENT NOS.2, 4 TO 6 ARE TREATED AS LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.3;
VIDE ORDER DATED 12.07.2022, V. ANAND, ADVOCATE FOR PROPOSED LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.1 (VK RETURNED);
VIDE ORDER DATED 20.02.2024, SERVICE OF NOTICE AGAINST RESPONDENT NO.4 IS HELD SUFFICIENT)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS MAINTAINED IN MISC NO.349/2016 ON THE FILE OF PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE AND QUASH THE ORDER PASSED BY THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE IN MISC NO.349/2016 ON DATED 18.02.2017 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The respondent No.1 in Misc.No.349/2016 on the file
of the Principal City Civil and Sessions Judge, Bengaluru has filed this petition challenging an order dated 18.02.2017 by which, the Court transferred O.S.No.1879/2011 to the Court where O.S.No.17166/2006 was pending consideration.
especially since the alleged Will dated 06.01.1996 and alleged release deed dated 28.05.2003 as referred to in the plaint are void abinitio, invalid, nullity and illegal.
SCHEDULE-A
An agricultural land measuring 1 Acre 22 Guntas in Sy.No.22 of Kowdenahalli-Village, Krishnarajapuram Hobli, Bangalore East Taluk, Bangalore which is acquired by plaintiff as per the compromise decree passed in O.S.No.6719 of 1993 as detailed under schedule and delineated by alphabets "A, B, G, H" in the plan Annexed to Compromise Decree, bounded on
East by : Banajiga Hostel belonging to M.Srinivas
NC: 2024:KHC:45200 WP No. 11870 of 2017
land in Sy.No.22 belonging to Nirmala, which was purchased from 2nd Defendant.
North by: Raja Kaluve
South by: Lands in Sy.No.103 and 102."
SCHEDULE-B
Agricultural land in Sy.No.22, measuring 1 Acre of Kowdenahalli-Village, Krishnarajapuram Hobli, Bangalore East Taluk, Bangalore which has been succeeded to by the plaintiff as a nearest legal heir and successor, to Late Chikkamunishamappa @ Annaiahappa being the junior paternal uncle of plaintiff and defendants, bounded on the
East by : Remaining portion of land in Sy.No.22 owned and possessed by plaintiff.
West by : Land of Rashid khan
North by : 1 Acre of land in Sy.No.22 belonging to Smt. Nirmala which was sold to her by 2nd defendant.
South by : Lands in Sy.No.102."
the respondent No.1 herein apart from others. The Principal City Civil and Sessions Judge, Bengaluru after perusing the reliefs sought for in both the suits and the property involved
in both the suits held that " so the properties involved in both the suits are one and the same. Both the parties are seeking for the relief of declaration and injunction in respect of the same property. That being the case, it will be helpful to the court to come to a just conclusion if both the suits are tried in one court. It will also avoid divergent findings from different courts. The properties in both the suits being the same, the first respondent (Smt.Narayanamma) being a common party in both the suits and to avoid multiplicity of proceedings, it is just and proper to transfer O.S.No.1879/2011, which is pending before CCH-15 to CCH29 where O.S.No.17166/2006 which is a older suit is pending. "
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No.1 against the Presiding Officer. He contends that now the Presiding Officer is transferred and therefore suit in O.S.No.1879/2011 can continue in the same Court.
counsel for the petitioner as well as the learned counsel for the respondents.
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finding that may be recorded in O.S.No.17166/2006 will definitely have a bearing on O.S.No.1879/2011.
O.S.No.17166/2006 is at the stage of arguments, it is appropriate to direct the Trial Court to first dispose off O.S.No.17166/2006 and thereafter decide the suit in O.S.No.1879/2011 based on the findings recorded in O.S.No.17166/2006. This would ensure that the findings in O.S.No.17166/2006 does not differ from the findings that may be recorded in O.S.No.1879/2011.
O.S.No.17166/2006 was filed in the year 2006, the Trial Court is requested to dispose off the suit as early as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this order.
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interlocutory applications shall stand consigned to the records.
Sd/(R. NATARAJ) JUDGE
HJ
List No.: 1 Sl No.: 28
1 issue framed by the court
Whether the Principal City Civil and Sessions Judge was justified in transferring O.S.No.1879/2011 to the Court where O.S.No.17166/2006 was pending.
2 provisions across 2 enactments
Sri A. Krishnappa @ Krishna Reddy (dead) by his LRs
Smt Narayanamma (dead) by her LRs
Sri Earaswamy
Vinayakamma
Mangamma
Vani
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
