Case brief
What is this about?
Karnataka HC, Bengaluru, 08-06-2026, Vijaykumar A. Patil J., W.P. No.2644/2022 (GM-CPC), Art. 227; consolidation of O.S.No.189/2002 (declaration, self-acquired property claim) with O.S.No.57/2013 (partition of joint family property) and common evidence upheld; Section 151 CPC modification application wrongly rejected per trial Court but HC finds no error; differing reliefs no bar where properties and parties common; self-acquired-property plea available in partition suit via written statement, no prejudice; conflicting/divergent findings avoided by joint trial; no mandamus for time-bound disposal; undertaking for disposal within three months noted; petition rejected, no costs.
What did the court decide?
None; the writ petition is rejected. No order as to costs. The trial Court is asked to note the parties' undertaking recorded on 07.12.2021 and consider early disposal of the suit.