Sri H G Surendra v. Sri C C Goutham

Karnataka HC13 Oct 2025WP/27987/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice Pradeep Singh Yerur; WP No. 27987 of 2025 (GM-CPC); Article 227 writ; direction/mandamus to trial Court to expedite pending application; clubbing of suits and trial together with common evidence; O.S.No.8011/2023 and O.S.No.3755/2023; application dated 13.08.2024 (Annexure-G); 15-day timeline for disposal; no notice to respondents; writ petition allowed.

What did the court decide?

XX Additional City Civil and Sessions Judge, Bengaluru directed to dispose of the petitioner's application filed on 13.08.2024 in O.S.No.8011/2023 within 15 days from receipt of a copy of the order, providing opportunity to both parties in the manner known to law. ¶¶33

Sri H G Surendra Vs Sri C C Goutham — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:40933 WP No. 27987 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 27987 OF 2025 (GM-CPC)

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BETWEEN:

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SRI H.G.SURENDRA S/O.LATE H.B.GOPEGOWDA AGED ABOUT 72 YEARS R/AT ANNAPURNA ESTATE POST BOX NO.3, KUNDUR MUDIGERE CHIKMAGALUR DISTRICT-577 132 REP. BY HIS POWER OF ATTORNEY HOLDER MR.DEVDATH H.S.

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…PETITIONER

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(BY SRI A.MADHUSUDHANA RAO, ADVOCATE)

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AND:

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SRI C.C.GOUTHAM S/O.LATE C.L.CHANDREGOWDA AGED ABOUT 45 YEARS

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SMT.DHANYA H.S. W/O.SRI C.C.GOUTHAM AGED ABOUT 41 YEARS

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BOTH ARE R/AT FLAT NO.401 4^TH FLOOR, NO.17 DOLLARS RESIDENCY NAGASHETTYHALLI SANJAYNAGAR POST BENGALURU-560 094

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…RESPONDENTS

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2 - NC: 2025:KHC:40933 WP No. 27987 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE TO CONSIDER THE APPLICATION FILED IN O.S.NO.8011/2023 BY THE PETITIONER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Heard learned counsel for petitioner.

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This Court does not find any need or necessity to issue notice to the respondents.

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A short point involved in this petition is that the petitioner, who is the plaintiff in O.S.No.8011/2023 and the defendant in O.S.No.3755/2023 has filed an application before XX Additional City Civil and Sessions Judge, Bengaluru on 13.08.2024 vide Annexure-G seeking to club both the suits and try the same together by recording common evidence, which is not yet decided.

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NC: 2025:KHC:40933 WP No. 27987 of 2025

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HC-KAR

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It is submitted by learned counsel for petitioner

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that the said application is yet to be decided. However, the trial Court is postponing, so also, the respondent is prolonging and protracting the matter. He further contends that the parties and the subject matter are one and the same to the proceedings. Therefore, the matters be clubbed and tried together by recording common evidence, so that, it would avoid divergent opinion of findings so also save the precious time of the Court.

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Having heard learned counsel for petitioner, I do

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not find any legal impediment in directing the trial Court to consider the said application expeditiously.

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Under the circumstances, I pass the following:

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ORDER

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i) This writ petition is allowed ;

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ii) XX Additional City Civil and Sessions Judge,

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Bengaluru is directed to dispose of the application filed on 13.08.2024 in O.S.No.8011/2023 by the petitioner within a period of 15 days from the date

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NC: 2025:KHC:40933 WP No. 27987 of 2025

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HC-KAR

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of receipt of a copy of this order by providing opportunity to both parties in the manner known to law.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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