Dismissed¶51

Mr. Dhanoj Kumar v. Mr. J. Sudha Babu

Karnataka HC18 Feb 2025WP/11201/2024

Case brief

AI extract

What is this about?

Section 10 CPC stay of suit refused; Article 227 writ petition dismissed for two-year delay in filing; ejectment suits S.C.Nos.270/2021, 272/2021, 273/2021 Bengaluru Small Causes Court; P.Misc.No.10/2020 pending; reliefs held not similar; Section 10 r/w Section 151 CPC; GM-CPC; H.T. Narendra Prasad J.; order dated 18.02.2025.

What did the court decide?

This Court declined to interfere with the order passed by the Small Causes Court, in view of the two-year delay in filing the writ petitions challenging the Section 10 CPC order while the matters were posted for judgment. ¶48

Mr. Dhanoj Kumar Vs Mr. J. Sudha Babu — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:7283 WP No. 11201 of 2024 C/W WP No. 11133 of 2024 WP No. 11177 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11201 OF 2024 (GM-CPC)

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C/W

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WRIT PETITION NO. 11133 OF 2024 (GM-CPC) WRIT PETITION NO. 11177 OF 2024 (GM-CPC)

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IN WP No. 11201/2024

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BETWEEN:

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MR. DHANOJ KUMAR S/O SRI VASUDEVA NAIDU AGED ABOUT 34 YEARS NO 140,FIRST FLOOR, 3^RD CROSS KEMPEGOWDANAGARA, BYADARAHALLI MAGADI MAIN ROAD, BENGALURU 560091

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Digitally signed by HEMALATHA A REP BY GPA HOLDER Location: HIGH P VASUDHA COURT OF W/O MR R K PURUSHOTHAM KARNATAKA AGED ABOUT 40 YEARS NO 140, FIRST FLOOR 3RD CROSS, KEMPEGOWDA NAGARA BYADARAHALLI,MAGADI MAIN ROAD BENGALURU 560091. …PETITIONER

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(BY SRI. BALAJI RAGHUNATHAN.,ADVOCATE)

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NC: 2025:KHC:7283 WP No. 11201 of 2024 C/W WP No. 11133 of 2024 WP No. 11177 of 2024

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AND:

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MR. J. SUDHA BABU AGED ABOUT 51 YEARS S/O V JAYARAM NO 48/A, 1ST CROSS VIJAYANAGARA BENGALURU 560040 …RESPONDENT

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(BY SRI. NOORMOHAMMED.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 20/06/2022 PASSED BY THE HONBLE XXI ADDL. SMALL CAUSES COURT JUDGE & ACMM (SCCH-23) BENGALURU ON IA NO.1 DATED 04/10/2021 FILED BY THE DEFENDANT / PETITIONER HEREIN UNDER SECTION 10 OF CPC IN SC NO. 270/2021 AT ANNEXURE-A AND ETC.

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IN WP NO. 11133/2024

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BETWEEN:

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MRS. P. VASUDHA W/O MR R K PURUSHOTHAM AGED ABOUT 36 YEARS NO 140, FIRST FLOOR 3^RD CROSS, KEMPEGOWDANAGAR BYADARAHALLI, MAGADI MAIN ROAD BENGAULRU 560091 ...PETITIONER

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(BY SRI. BALAJI RAGHUNATHAN.,ADVOCATE)

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AND:

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MR. J. SUDHA BABU AGED ABOUT 51 YEARS S/O V JAYARAM

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3 - NC: 2025:KHC:7283 WP No. 11201 of 2024 C/W WP No. 11133 of 2024 WP No. 11177 of 2024

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NO 48/A, 1^ST CROSS VIJAYANAGARA BENGALURU 560040. ...RESPONDENT

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(BY SRI. NOORMOHAMMED.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14/03/2022 PASSED BY THE HONBLE XXIII ADDL. SMALL CAUSES COURT JUDGE (SCCH-25) BENGALURU ON IA DATED 04/10/2021 FILED BY THE DEFENDANT / PETITIONER HEREIN UNDER SECTION 10 R/W SECTION 151 OF CPC IN SC NO. 273/2021 AT ANNEXURE-A AND ETC.

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IN WP NO. 11177/2024

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BETWEEN:

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MRS. K. VANITHA W/O MR SRIDHAR AGED ABOUT 55 YEARS RESIDENT OF NO 140 GROUND FLOOR, 3^RD CROSS KEMEPGOWDA NAGARA BYADARAHALLI,MAGADI MAIN ROAD BENGALURU 560091. ...PETITIONER

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(BY SRI. BALAJI RAGHUNATHAN.,ADVOCATE)

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AND:

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MR. J. SUDHA BABU AGED ABOUT 51 YEARS S/O V JAYARAM NO 48/A, 1^ST CROSS VIJAYANAGARA BENGALURU 560040 ...RESPONDENT (BY SRI. NOORMOHAMMED.,ADVOCATE)

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4 - NC: 2025:KHC:7283 WP No. 11201 of 2024 C/W WP No. 11133 of 2024 WP No. 11177 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14/03/2022 PASSED BY THE HONBLE XXIII ADDL. SMALL CAUSES COURT JUDGE (SCCH-25) BENGALURU ON IA DATED 04/10/2021 FILED BY THE DEFENDANT/PETITIONER HEREIN UNDER SECTION 10 OF CPC IN SC NO. 272/2021 AT ANNEXURE-A AND ETC.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In these writ petitions, the petitioners have called in question the order dated 20.06.2022 passed on IA No.1 in S.C.No.270/2021 by the XXI Additional Small Causes Judge and ACMM, Bengaluru, orders both dated 14.03.2022 on IA in S.C.Nos.273/2021 and 272/2021, respectively, by the XXIII Additional Small Causes Judge and ACMM, Bengaluru, whereby the IAs. filed under Section 10 of CPC for staying the proceedings in S.C.Nos.270/2021, 273/2021 and 272/2021, respectively were dismissed.

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The plaintiffs filed suits for ejectment. After appearance, defendants have filed the written statement.

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5 - NC: 2025:KHC:7283 WP No. 11201 of 2024 C/W WP No. 11133 of 2024 WP No. 11177 of 2024

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When the matters were posted for evidence, at that stage, petitioners/defendants filed applications under Section 10 of CPC for stay of the proceedings in S.C.Nos.270/2021, 273/2021 and 272/2021, respectively, on the ground that the petitioners/defendants filed P.Misc.No.10/2020 and since that matter is pending, they sought for stay of the same. S.C.Nos.270/2021, 273/2021 and 272/2021 are pending before the Small Causes Court. The Small Causes Court, by orders dated 20.06.2022 and 14.03.2022, respectively, dismissed the applications on the ground that the relief sought by the parties in P.Misc.No.10/2020 and S.C.Nos.270/2021, 273/2021 and 272/2021 are not similar.

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After a lapse of more than two years, these writ petitions have been filed. After hearing the parties, the matter is now posted for judgment. There is a delay of two years in filing the writ petitions, challenging the order passed by the Small Causes Court under Section 10 of CPC, that too, when the matter is posted for judgment.

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NC: 2025:KHC:7283 WP No. 11201 of 2024 C/W WP No. 11133 of 2024 WP No. 11177 of 2024

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Hence, this Court decline to interfere into the order passed

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by the Small Causes Court.

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