Smt. Asha Vs K Shashidara

SMT. ASHA AGED ABOUT 52 YEARS, D/O. LATE G.R. KESHAVAMURTHY, NO.165, 1ST FLOOR, 1ST MAIN, 4TH CROSS, RAMANJANEYANAGAR, S.B. PURA POST, BENGALURU 560 061.

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…PETITIONER

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(BY MS. CHETHANA MANJUNATH, ADV. FOR SRI. MANJUNATH B S (SUO ASSTS).,ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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K SHASHIDARA

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AGED ABOUT 63 YEARS, S/O. LATE G.R. KESHAVAMURTHY DEFENDANTS 1 2 ARE RESIDING AT GROUND FLOOR, NO.165, 1STMAIN, 4TH CROSS, RAMANJENEYANAGAR S.B. PURA POST BENGALURU 560 061.

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…RESPONDENT

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(BY SRI. HARIPRASAD M.S, ADVOCATE FOR SRI. S.V. GIRIDHAR, ADVOCATE FOR C/R)

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NC: 2026:KHC:5980 WP No. 10933 of 2025

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO. 2551/2023 ON FILE OF HONBLE XIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-28) AND SET ASIDE THE ORDERS ON IA NO. 3 UNDER SECTION 10 OF CPC DTD. 25.02.2025 PASSED BY HONBLE XIV ADDITIONAL CITY CIVIL AND SESSION JUDGE, BENGALURU (CCH-28) PRODUCED AS ANNX-A AND ALLOW THE APPLICATION UNDER SECTION 10 OF CPC IN IA NO.3 FILED BY THE PETITIONER PRODUCED AS ANNX-B AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the defendant in O.S.No.2551/2023, is directed against the impugned order dated 25.02.2025, whereby the application I.A.No.3 filed by the petitioner / defendant under Section 10 CPC seeking stay of the said suit till disposal of the

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3 - NC: 2026:KHC:5980 WP No. 10933 of 2025

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HC-KAR

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previously instituted suit in O.S.No.106 / 2022, was dismissed by the Trial Court.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the material on record.

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A perusal of the material on record will indicate that the petitioner is the sister of the respondent and they have three siblings namely, Smt. Usha, Shri K. Shashidara and late K. Adisesh. Their mother is Smt. K. Anandalakshmi. Further, the widow of late K. Adisesh is one Smt. Lakshmi.

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The petitioner and her sister Smt. Usha, instituted a suit in O.S.No.106 / 2022 against their mother Smt. K. Anandalakshmi, Shri K. Shashidara (respondent herein) and their sister-in-law (Smt. Lakshmi), for partition and separate possession of their alleged shares in the suit schedule properties, comprising of seven (7) items of immovable properties, namely plaint schedule 'A' and plaint schedule 'B' properties. The said suit is being contested by the respondent herein. During the pendency of the said suit in O.S.No.106 / 2022, the respondent herein has

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4 - NC: 2026:KHC:5980 WP No. 10933 of 2025

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HC-KAR

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instituted the present suit in O.S.No.2551/2023, only against the petitioner herein, for mandatory injunction and other reliefs in respect of the plaint schedule property which has been described as the First Floor of 'A' schedule property. Under these circumstances, the petitioner filed the instant application seeking stay of the present O.S.No.2551/2023 till disposal of O.S.No.106/2022 which was previously instituted by the petitioner and pending before the Trial Court. The said application having been opposed by the respondent, the Trial court proceeded to pass the impugned order rejecting I.A.No.3, aggrieved by which the petitioner is before this Court by way of the present petition.

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Learned counsel for the petitioner and learned counsel for the respondent jointly submit that though both the suits namely O.S.No.2551/2023 and O.S.No.106/2022 were pending before different courts earlier, pursuant to an order passed in Miscellaneous No.741/2025, both the suits have now been transferred to The XXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-30) and are pending adjudication before the said Court.

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NC: 2026:KHC:5980 WP No. 10933 of 2025

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HC-KAR

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It is a matter of record and an undisputed fact that the petitioner herein has filed an application seeking clubbing / consolidation of both the suits, which are pending before the very same court.

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Under these circumstances, though several

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contentions have been urged by both sides in support of their respective claims in both the suits, without expressing any opinion on the merits / demerits of the rival contentions, I deem it is appropriate to dispose of this petition by directing O.S.No.2551/2023 and O.S.No.106/2022 to be clubbed, consolidated, tried and disposed of together by the XXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-30).

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In the result, I pass the following:

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ORDER

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i) Petition is hereby disposed of.

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ii) The Trial Court (XXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-30)), before whom O.S.No.2551/2023 and O.S.No.106/2022 are pending, is hereby

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6 - NC: 2026:KHC:5980 WP No. 10933 of 2025

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HC-KAR

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directed to club, consolidate, try and dispose of both the suits in accordance with law, as expeditiously as possible, and preferably within a period of nine (9) months from the date of receipt of a copy of this order.

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iii) All rival contentions on all aspects of the matter are

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kept open and no opinion is expressed on the merits / demerits of the rival contentions.

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iv) Parties are directed to co-operate with the Trial Court

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for expeditious disposal of the suits.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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KS List No.: 1 Sl No.: 3

Smt. Asha v. K Shashidara

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Smt. Asha v. K Shashidara

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