Sri Poojappa v. Smt. Akkayyamma
Case brief
What is this about?
Transfer of suit under Section 24 CPC; Article 227 writ petition allowed by Karnataka High Court; same parties litigating over same property (Survey No.92/3, 1 acre 19 guntas incl. 2 guntas karab, Doddathogur Village, Begur Hobli, Bengaluru South Taluk); declaratory suit challenging sale deed dated 03.12.1993 (OS.No.1274/2009, restored after allowance of RA.No.128/2018 and remand, at evidence stage) and prohibitory injunction suit (OS.No.1140/2016) to be tried by the same Court to avoid conflicting views and meet ends of justice; transfer only for joint trial, not clubbing or consolidation of suits; impugned order dated 25.05.2023 in Miscellaneous No.153/2022 by Principal District and Sessions Judge, Bengaluru Rural District set aside; Justice Vijaykumar A. Patil; decided 04.06.2026; no precedents cited in the judgment.
What did the court decide?
Writ petition allowed; impugned order dated 25.05.2023 passed in Miscellaneous No.153/2022 by the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru set aside; Miscellaneous No.153/2022 filed under Section 24 CPC allowed; OS.No.1140/2016 withdrawn from the file of the II Additional Civil Judge, Bengaluru Rural District, Bengaluru and transferred to the Court of the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, to be tried by the said Court with OS.No.1274/2019 (number as printed in the operative order; the body of the judgment refers to OS.No.1274/2009); clarified that the transfer is only for trial before the same Court and not an order for consolidation of the suits.