Sri R Prakash Vs Sri M Srinivasan

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINS RELATING TO O.S. NO.2847/2022 ON THE FILE OF. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CCH. 53. ISSUE WRIT OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 02-062025 PASSED IN O.S. NO.2847/2022 FILED BY THE RESPONDENT/PLAINTIFF PENDING ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CCH.53 AS PER ANNEXURE-A. ETC

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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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In this petition petitioner seeks the following reliefs:

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i. “Call for records pertains relating to O.S.No.2847/2022 on the file of. City Civil & Sessions Judge at Bangalore (CCH.53)

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ii. Issue writ or direction in the nature of Certiorari to quash the impugned order date: 02-06-2025 passed in O.S.No.2847/2022 filed by the respondent/plaintiff pending on the file of the Prl. City Civil and Sessions Judge at

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3 - NC: 2026:KHC:9785 WP No. 33946 of 2025

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HC-KAR

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Bengaluru (CCH.53) as per Annexure –A. Consequently, direct the trial Court to consider the I.A.No.1 filed under Order 7 Rule 11(d) of CPC before hearing on the I.A.No.3 filed under Order 6 Rule 17 r/w Section 151 CPC to meet the interest of justice.

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iii. Pass appropriate order or direction deem fit to the facts and circumstances of the case.”

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Learned counsel for the petitioners and learned

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counsel for the respondent jointly submit that the application I.A. No. 3/2022 filed by the respondent under Order VI Rule 17 of Code of Civil Procedure, 1908 (hereinafter referred to as CPC for short) and I.A. No. 1 filed by the petitioner under Order VII Rule 11(d) of CPC are both pending consideration before the trial Court and as such the present petition may be disposed of directing the trial Court to consider both by setting aside the impugned order.

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Joint submission is placed on record and the

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petition deserves to be disposed of accordingly.

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In the result, the following:

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4 -

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NC: 2026:KHC:9785 WP No. 33946 of 2025

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HC-KAR

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ORDER

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i. Petition is hereby disposed of.

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ii. Impugned order dated 02.06.2025 directing I.A. No. 1/2023 filed by the petitioner under Order VII Rule 11(d) of CPC to be kept in abeyance till disposal of I.A.No.3/2022 filed under Order VI Rule 17 of CPC is hereby set aside.

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iii. The trial Court is directed to consider both I.A. No. 3/2002 filed by the respondent-plaintiff and I.A.No. 1/2023 filed by the petitionerdefendant together and pass appropriate orders in accordance with law.

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iv. All rival contentions on all aspects of the matter in both the applications are kept open and no opinion is expressed on the merits/demerits of the rival contentions.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BVK List No.: 3 Sl No.: 20

Sri R Prakash v. Sri M Srinivasan

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Sri R Prakash v. Sri M Srinivasan

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