IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.45273 OF 2019 GM-CPC) BETWEEN:
MRS. BETTY D’SYLVA, W/O. CHARLES DSYLVA, AGED ABOUT 58 YEARS, PRESENTLY RESIDING AT NO.220/1, 4TH MAIN, 4TH CROSS, VIVEKNAGAR, BENGALURU-560047.
(BY SRI. K.M.JAGANATH, ADVOCATE) AND:
1 . MRS. M.ADAMS, W/O LATE K.ADAMS, AGED ABOUT 84 YEARS, PRESENTLY CAMPING IN A PORTION OF PREMISES NO.15, D & F BLOCK, AUSTIN TOWN, BENGALURU-560 047.
2 . MRS. NOREEN DEVANEY, W/O. GEORGE DEVANEY, AGED ABOUT 65 YEARS, PRESENTLY RESIDING AT NO.15/A, D & F BLOCK, AUSTIN TOWN, BENGALURU-560 047.
3 . MR. GAVIN DEVANEY, S/O. GEORGE DEVANEY, AGED ABOUT 40 YEARS, PRESENTLY RESIDING AT NO.15/A, D & F BLOCK, AUSTIN TOWN, BENGALURU-560 047.
4 . MRS. KIMBERLY ANN BASTION, W/O.ORAL BASTION AGED ABOUT 45 YEARS, PRESENTLY RESIDING AT NO.15/A, ... PETITIONER D & F BLOCK, AUSTIN TOWN, BENGALURU-560 047.
5 . MR. ORAL BASTION S/O. BASTION AGED ABOUT 60 YEARS, PRESENTLY RESIDING AT NO.15/A, D & F BLOCK, AUSTIN TOWN, BENGALURU-560 047.
... RESPONDENTS (BY SRI. JOSHNA HUDSON SAMUEL, ADVOCATE FOR C/R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER AT ANNEXURE-H DATED 05.09.2019 PASSED BY THE COURT OF THE LXXIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, MAYO HALL UNIT AT BANGALORE, CCH.NO.74, ALLOWING THE APPLICATION FILED BY THE R-1 UNDER ORDER XVIII RULE 3 OF CPC IN THE CLUBBED SUITS IN O.S.NO.8070/2013 AND O.S.NO.2669/2013 PERMITTING HER TO LEAD REBUITAL EVIDENCE IN O.S.NO.26697/2013 AFTER THE EVIDENCE OF THE PLAINTIFF IN O.S.NO.26697/2013; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for both the sides having argued the matter for some time, now are broadly in agreement with the suggestion of this Court that regardless of the impugned order made under Order XVIII Rule 3 of CPC, 1908, a copy whereof is at Annexure-H, justice would be meted to both the parties if the trial of both the suits takes place jointly, that being the object of clubbing of both of them.
In the above circumstances, the writ petition is disposed off directing the learned trial judge to conduct the joint trial of both the suits, all other contentions of the parties having been kept open.
No costs.
Sd/- JUDGE DS