Sri C T Purushothama Reddy v. Sri Muniswami Reddy
WRIT PETITION (GM-CPC) UNDER ARTICLE 227 OF THE CONSTITUTION – TWO SUITS ON THE SAME SUIT SCHEDULE PROPERTY – STAY UNDER SECTION 10 CPC
Case brief
What is this about?
Karnataka High Court, Bengaluru; WP No.31761 of 2025 (GM-CPC) under Article 227 of the Constitution; Justice Tara Vitasta Ganju; Section 10 CPC stay of suit; Order XLIII Rule 1 CPC miscellaneous appeal (M.A.No.66/2024); two suits on same kharab land measuring 06 acres 25 guntas of Ichangur Village, Attibele Hobli, Anekal Taluk — O.S.No.111/2014 (permanent injunction vs Muniswami Reddy and Others) and O.S.No.218/2014 (declaration vs Zilla Panchayath, Taluk Panchayath, Neralur Grama Panchayath); parties and prayers held entirely/substantially different; appellate finding that suits, parties and reliefs are the same held clearly against the record; stay of earlier suit held against Section 10 CPC; impugned order dated 11.09.2025 set aside; parties to appear before Trial Court on 16.01.2026; expeditious disposal of both 2014 suits directed.
What did the court decide?
Impugned order dated 11.09.2025 in M.A.No.66/2024 set aside; stay of further proceedings in O.S.No.111/2014 lifted; parties directed to appear before the learned Trial Court in O.S.No.111/2014 on 16.01.2026; Trial Court to adjudicate on merits and in accordance with law and endeavour expeditious disposal of both suits; petition disposed of with these directions.