IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.55770 OF 2017 (GM-CPC) Between:
1. Smt. Meenakshi, W/o. Late M.P.Basavaraj, Aged about 49 years, 2. Sri.M.B.Shivakumar, S/o. Late M.P.Basavaraj, Aged about 33 years, 3. Sri.M.B.Kiran Kumar, S/o. Late M.P.Basavaraj, Aged about 33 years, All are Agriculturist, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
(By Sri. Prasanna.V.R, Advocate) And:
1. Sri.Gundaiah, S/o. Late Kariyayya, Age: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
2. Sri.H.K.Putta Nayaka, S/o. Late Kullaiah, … Petitioners Aged: Major, Occ: KSRTC Driver, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
3. Sri.Kariyappa, S/o. Late Sannaiah, Aged: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
4. Sri.Bommaiah, S/o. Late Sannaiah, Aged: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
5. Sri.M.P.Mahadeva, S/o. Sri. Puttappa, Aged: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
6. Sri.Krishnegowda, (Chapparadahalli), S/o. Late Shivananjegowda, Aged: Major, R/at Bettadapura Village, Bettadapura Post & Hobli, P.S.Road, Opp: SBI Bank, Periyapatna Taluk, Mysuru District-571 187.
7. Sri.Ramegowda, S/o. Late Mogannegowda, Aged: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
8. Sri.M.P.Chandrashekar, S/o. Late Puttappa, Aged: Major, Occ: Teacher, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
9. Smt. Javaramma, D/o. Late Puttappa, W/o. Late Nagesh, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
10. Sri.Rudrappa, S/o. Late Puttappa, Aged: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
11. Sri.M.P.Jayashankara, S/o. Late Puttappa, Aged: Major, R/at Muttina Mullosoge Village, Doddakamaravalli Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
12. Sri.M.P.Lokesh, S/o.Late Puttappa, Aged: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
13. Sri.M.P.Lingaraja, S/o. Late Puttappa, Aged: Major, R/at Muttina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
14. Smt. Shankaramma, D/o. Late Puttappa, W/o. Sri. Basavaraj, Aged: Major, R/at Dindagadu Village (Lakshmipura), Periyapatna Taluk, Mysuru District-571 187.
15. Sri.Hanumaiah, S/o. Late Hanumaiah, Aged: Major, R/at Mutthina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
16. The Secretary, Milk Producers’ Co-Operative Society, Mutthina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
17. Smt. Subbamma, W/o. Late Puttannaiah, Aged: Major, R/at Mutthina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
18. Smt.Puttamma, D/o. Late Puttannaiah, Aged: Major, R/at Mutthina Mullusoge Village, Doddakamaravali Post, Harnalli Hobli, Periyapatna Taluk, Mysuru District-571 187.
… Respondents (Notice to R1, R3 to R5, R8-R14 & R16 to R18 is dispensed with vide order dt.15/12/2017; R2, R6, R7 & R15 - Served and unrepresented) **** This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dated 03.11.2017 on I.A.No.8 in O.S.21/2013 on the file of the learned Civil Judge and JMFC, Periyapatna at Annexure-A, etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Mr. Prasanna V.R., learned counsel for the petitioners. None for Respondents though served.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 03/11/2017 passed by the Trial Court by which the application filed by the plaintiff No.2 under Section 151 of the Civil Procedure Code, 1908 for consolidating the O.S.No.21/2013 with O.S.No.365/2012, O.S.No.366/2012 and O.S.No.367/2012 has been rejected.
3. When this matter was taken up today, learned counsel for the petitioners submitted that the defendant Nos.6, 7 and 8 have filed the O.S.No.365/2012, O.S.No.366/2012 and O.S.No.367/2012 before the Trial Court and the plaintiffs have filed O.S.No.21/2013.
4. It is submitted that the subject matter of the suits filed on both sides is common and the petitioners shall not lead any evidence separately in their suit in case the suits are consolidated.
5. I have considered the submission made by the learned counsel for the petitioners.
6. It is well settled in law that consolidation of the suits is permissible in case where the suits can be decided on one set of evidence. In the facts of the case, the petitioners have stated that they shall not lead any supporting evidence in the suit filed by them in case the suits are consolidated.
7. The aforesaid aspect of the matter has also been taken note of by the Trial Court. However, since in the suits filed by the defendants, the evidence has commenced, therefore, the application filed by the plaintiff No.2 for consolidation of the suits has been rejected.
8. The impugned order passed by the Trial Court therefore suffers from an error apparent on the face of the record in as much as the Trial Court has failed to take note of the fact that on one set of evidence, all the four Civil Suits can be decided. The impugned order dated 03/11/2017 passed by the Trial Court is therefore quashed and set aside and the O.S.No.21/2013 is directed to be consolidated with O.S.No.365/2012, O.S.NO.366/2012 and O.S.No.367/2012.
Accordingly, the writ petition is allowed.
Sd/- JUDGE BMV*