Disposed¶52

A Aziz v. Sri. G R Srinivas Reddy

Karnataka HC12 Nov 2025CRP/646/2023

Case brief

AI extract

What is this about?

Transfer of suits; Section 24 CPC transfer application dismissed; Section 115 CPC revision; joint memo / consent transfer; O.S.No.1662/2005; O.S.No.1595/2007; O.S.No.1719/2005; II Additional Civil Judge Senior Division Bengaluru Rural District; clubbing of suits not permitted; avoid contradictory judgments; cases to be called on same day; High Court of Karnataka; CRP No. 646 of 2023(IO).

What did the court decide?

Transfer of O.S.No.1662/2005 and O.S.No.1595/2007 to the II Additional Civil Judge, Senior Division, Bengaluru Rural District (where O.S.No.1719/2005 is pending); the three suits to be dealt with independently, without clubbing, by calling them on the same day. ¶52

A Aziz Vs Sri. G R Srinivas Reddy — Company and Corporate | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the suits O.S.No.1662/2005 and O.S.No.1595/2007 should be transferred to the Court of II Additional Senior Civil Judge, Bengaluru Rural District, where O.S.No.1719/2005 is pending (the relief sought through the Misc. Petition under Section 24 CPC whose dismissal was challenged in this revision under Section 115 CPC).

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Court's answer

On a joint memo signed by counsel for the petitioners and counsel for the respondents agreeing to the transfer, the Court placed the memo on record and the revision petition stands disposed of.

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Ratio / Principle

The pending suits O.S.No.1662/2005 and O.S.No.1595/2007 are transferred to the II Additional Civil Judge, Senior Division, Bengaluru Rural District, for disposal in accordance with law.

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Key takeaways

The transfer was ordered to avoid contradictory judgments in the suits, and the Court expressly did not permit the parties to club the cases for common disposal.ratio¶58
All three suits shall be dealt with by the learned II Additional Civil Judge, Senior Division, Bengaluru Rural District, in accordance with law, independently, by calling the cases on the same day.ratio¶59

Detailed headnote1 paragraphs

High Court of Karnataka (V Srishananda, J.) disposed of Civil Revision Petition No.646 of 2023(IO), filed under Section 115 of the Civil Procedure Code against the order dated 05.08.2023 in Misc. No.35/2021 on the file of the Principal District and Sessions Judge, Bengaluru Rural District, dismissing a transfer petition under Section 24 of CPC. On a joint memo signed by counsel for the petitioners and the respondents consenting to transfer, the Court placed the memo on record and transferred O.S.No.1662/2005 (pending before III Addl. Senior Civil Judge, Bengaluru) and O.S.No.1595/2007 (pending before Civil Judge and J.M.F.C., Krishnarajapuram) to the II Additional Civil Judge, Senior Division, Bengaluru Rural District, where O.S.No.1719/2005 is already pending. The transfer was made to avoid contradictory judgments; the Court expressly did not permit the parties to club the three suits for common disposal, directing that they be dealt with independently in accordance with law, with the cases called on the same day.

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NC: 2025:KHC:46242 CRP No. 646 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO.646 OF 2023(IO)

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BETWEEN:

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A AZIZ AGED ABOUT 59 YEARS, S/O L ATE ABDUL QUADAR ADAM, RESIDING AT NO.42, NARAYANI, D COSTA SQUARE, 2^ND CROSS, COOKE TOWN, BENGALURU - 560 084

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MR. ZAFFRULLA KHAN KHAN , AGED ABOUT 56 YEARS, S/O F.M. KHAN , NO.105, HOUSE OF LORDS, ST. MARKS ROAD, BANGALORE - 560001

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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…PETITIONERS

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(BY SRI VIVEK FOR SRI ABHINAV RAMANAND A, ADVOCATES)

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AND:

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SRI. G R SRINIVAS REDDY AGED ABOUT 51 YEARS, S/O SRI .G.A. RAMAWAMY REDDY ,

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SRI . CHIKKA MUNIAPPA AGED MAJOR S/O NOT KNOWN TO THE APPELLANTS

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BOTH RESIDING AT GUNJUR VILLAGE,

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NC: 2025:KHC:46242 CRP No. 646 of 2023

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HC-KAR

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VARTHUR HOBLI, BANGALORE EAST TALUK – 560 087

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SMT. RAMAKKA AGED ABOUT 74 YEARS, W/O . LATE MUNISWAMAPPA,

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SRI. SUBRAMANI AGED ABOUT 50 YEARS, S/O LATE MUNISWAMAPPA,

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SRI NAGESHA AGED ABOUT 47 YEARS, S/O LATE MUNISWAMAPPA,

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SRI.VISWANATH AGED ABOUT 47 YEARS, S/O LATE MUNISWAMAPPA,

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SMT. SHAKUNTHALA AGED ABOUT 62 YEARS, W/O RAMAKRISHNAPPA AND D/O LATE MUNISWAMAPPA

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SMT LOKESHAMMA AGED ABOUT 60 YEARS, D/O LATE MUNISWAMAPPA,

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SMT GOWRAMMA AGED ABOUT 60 YEARS, D/O LATE MUNISWAMAPPA,

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SMT KALAVATHI AGED ABOUT 52 YEARS, D/O LATE MUNISWAMAPPA,

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SMT. SARASWATHI AGED ABOUT 44 YEARS, D/O LATE MUNISWAMAPPA,

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3 - NC: 2025:KHC:46242 CRP No. 646 of 2023

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HC-KAR

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ALL ARE RESIDING AT SIDDAPURA VILLAGE, VARTHUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560066

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SRI K.G. KONDANDARAMA AGED ABOUT 60 YEARS S/O SRI GIDDANNA REDDY RESIDING AT NO.26, I BLOCK, III MAIN ROAD, KORAMANGALA BANGALORE - 560 034

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SRI GOVINDACHARY AGED ABOUT 64 YEARS, S/O SRI. DESHACHAR RESIDING AT BELLANDUR VILLAGE, VARTHUR HOBLI, BANGALORE SOUTH TALUK - 560066

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M/S SRI CHAMUNDESHWARI SUGARS LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.76, ULSOOR ROAD, BANGALORE – 560 042 REPRESENTED BY ITS AUTHORISED SIGNATORY

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…RESPONDENTS

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(BY SRI NATARAJA H C, ADVOCATE FOR R1;

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SRI B.M.ARUN, ADVOCATE FOR R14;

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R3, R5 TO R12 ARE SERVED AND UNREPRESENTED;

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VIDE ORDER DATED 05.11.2025, NOTICE TO R2, R4 AND R13 IS DISPENSED WITH)

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THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, AGAINST THE ORDER DATED 05.08.2023 PASSED IN MISC. NO.35/2021 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL

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4 - NC: 2025:KHC:46242 CRP No. 646 of 2023

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HC-KAR

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DISTRICT, BENGALURU, DISMISSING THE Misc. PETITION FIELD UNDER SECTION 24 OF CPC.

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THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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A memo came to be filed, signed by counsel for petitioner and counsel for respondent.

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2. Memo reads as under:

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“The petitioners and respondents jointly agree for transfer of O.S.No.1662/2005 pending on the file of III Addl. Senior Civil Judge, Bengaluru and O.S.No.1595/2007 pending on the file of Civil Judge and J.M.F.C, Krishnarajapuram, to be transferred to the Court of II Additional Senior Civil Judge, Bengaluru Rural Court, Bengaluru, where O.S.No.1719/2005 is pending for adjudication. The memo may kindly be taken on record to meet the ends of justice.”

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Placing the memo on record, revision petition stands disposed of.

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Pending suits in O.S.No.1662/2005 and O.S.No.1595/2007 are transferred to II Additional, Senior

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NC: 2025:KHC:46242 CRP No. 646 of 2023

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HC-KAR

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Division, Bengaluru Rural District for disposal in accordance with law.

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It is made clear that in order to avoid the contradictory judgments in all these suits, the cases are transferred to II Additional Civil Judge, Senior Division, Bengaluru Rural District and this Court has not permitted the parties to club the cases for common disposal.

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However, all the three suits shall be dealt with by the learned II Additional Civil Judge, Senior Division, Bengaluru Rural District in accordance with law, independently by calling

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the cases on the same day.

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Sd/-

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(V SRISHANANDA) JUDGE

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A Aziz v. Sri. G R Srinivas Reddy

Case brief

What is this about?

What did the court decide?

A Aziz v. Sri. G R Srinivas Reddy

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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