IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.1640 OF 2017 (GM-CPC) BETWEEN:
1 . T. MAHALINGAPPA S/O. THIPPESWAMY, AGED ABOUT 43 YEARS, 2 . T. MRUTHYUNJAYA S/O. THIPPESWAMY, AGED ABOUT 41 YEARS, 3 . T. RENUKAPRASANNA S/O. THIPPESWAMY, AGED ABOUT 39 YEARS, ALL THE PETITIONERS ARE AGRICULTURISTS, R/O. DODDA CHELLURU VILLAGE, P.R. PURA HOBLI, CHALLAKERE TALUK – 577 522.
... PETITIONERS (BY SRI. KALEEMULLAH SHARIFF, ADVOCATE) AND:
1 . RAVINDAR S/O. NIDUMANDAPPA, AGED ABOUT 45 YEARS, AGRICULTURIST, R/O. CHIKKACHELLURU VILLAGE, PARASHURAMAPURA HOBLI, CHALLAKERE TALUK - 577 522.
2 . KALYANAMMA W/O. LATE KENCHANNA, AGED ABOUT 70 YEARS, AGRICULTURIST, R/O. DODDA CHELLURU VILLAGE, P. R. PURA HOBLI, CHALLAKERE TALUK – 577 522.
... RESPONDENTS (BY SRI. RAGHAVENDRA, ADVOCATE FOR R-1; R-2 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUNGED ORDER ON I.A.NO.7 IN O.S.NO.29/2015, PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT CHALLAKERE DTD. 6.4.2016 VIDE ANNEXURE-F; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the defendants in a declaration suit in O.S.No.29/2015 are invoking the writ jurisdiction of this Court for assailing the order dated 06.04.2016, a copy whereof is at Annexure-F, whereby the learned Senior Civil Judge, Challakere, having rejected their application in I.A.No.7 filed under Section 10 of CPC, 1908, has refused to stay the suit in question till after the other partition suit comprising the same property in O.S.No.106/2013 is tried and disposed off. However, the learned trial Judge has reserved liberty to the parties to seek clubbing of the suits.
2. The first respondent has entered appearance through his counsel and the second respondent has remained unrepresented despite service of notice. The Writ Petition is resisted by the first respondent-plaintiff.
3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of the considered opinion that the impugned order cannot be faltered especially when the parties are given liberty to seek clubbing of both the suits instead of staying one of them. The impugned order refusing to stay the suit in O.S.No.29/2015 is soundly reasoned and therefore, this Court will not sit in appeal over the wisdom of the learned trial judge.
4. However, justice of the case requires that both the suits i.e.O.S.No.29/2015 & O.S.No.106/2013 be clubbed together for the purpose of further trial and disposal, either by common judgment or separate.
Writ Petition is disposed off accordingly, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE DS