Karnataka High Court
Sri J Perumal @ J Perumal Naidu vs Sri J Venkatesan S/O M Jayaram Naidu on 29 March, 2012
4IGH COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH CC
IN THE HIGH COURT OF KARNATAKA.
AT BANGALORE
THE HOR'BLE MR. JUSTICE A. 3. PACHHAPURE --
WRIT PETITION NO. 4791/2012 {GH-CPC)
SRI.J.PERUMAL @ J. PERUMAL NAIDU,
S/O.MJAYARAM RAI, =
AGED ABOUTS3 YEARS,
R/AT NO.14/2, MARIAMMAN TEMPLE
STREET, JAYASHARATH RAGAR, --
.. PETITIONER
(BY SRL. RARARTHARRISIINA MURTHY & ASSTS.,
ADVOCATE)
- 1, SRILLVENKATESAN,
5 _ AGED ABOUT 52 YEARS,
~.. ${G.M.JAYARAM NAIDU,
. -R/AT NO.14/2, MARIAMMAN TEMPLE
STREET, JAYABHARATH NAGAR,
BANGALURU- 560 033.
7 GED ABOUT 50 YEARS,"
~ 8/O.M.JAYARAM NAIDU,
R/AT NO.14/2, MARIAMMAN TEMPLE
STREET, JAYABHARATH NAGAR,
BANGALURU-560 033.
3. SMT.J.RUKUMARI,
AGED ABOUT 47 YEARS, W/O.SRINIVASAN,
R/AT NO.2, 816, 2"2 CROSS,
HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH |
IRUMBAI ROAD, T.C.M. JUNCTION,
VANUR (T.K.)VELLAPURAM DISTRICT,
TAMIL NADU-605 111.
4. SMT. P.VANAJA,
AGEDABOUTSO YEARS,
W/O.J.PERUMAL @ J.PERUMAL NAIDU, a
R/ AT NO.14/2, MARIAMMAN TEMPLE. Pa
STREET, JAYABHARATH NAGAR, |
5. SRLP.SAMPATH KUMAR MOLIAN,,
AGED ABOUT 27 YEARS, >
S/ O.J.PERUMAL @ J. PERUMAL NAIDU,
R/ AT NO.14/2, MARIAMMAK TEMPLE
STREET, JAYABHARATH KAGAR,
BANGALURU-560 033. --_
6. ARUNAV TRUST, . :
OFFICE AT KRBRTHI APARTMENT,
NO.120/2. PLAT NO.1A,
187 CROSS, 6"! MAIN, CHELLEKERE,
KALYANA NAGAR POST, BANGALURU-560 O43.
REP. BY ITS SECRETARY,
8RLBHEEMJE GOWDA,
AGED ABOUT 48 YEARS,
- -8/O.VARADAPPA,
~ PAN #O.: AHUPB 6203B
7. SRLP.ARMUGAM,
MAJOR BY AGE, 8/O.PARUGUNAM,
VANIGAR STREET, OLD NO.27, THIRUPURPURU,
- CHIANGAL PATTI POST & TALUK,
_- _KANCHIPURAM DISTRICT, TAMILNADU,
.. RESPONDENTS
/ (BY SRL.G.PAPIREDDY FOR SRI.B.V.VENKATARAMANA ~ REDDY, ADVOCATE FOR R1 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA 4IGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH ¢ PRAYING TO QUASH THE ORDER DATED qa nia. PASSED BY XXVIII ADDL. CITY CIVL JUDGE i | 0.8.NO.26013/08 VIDE ANNX-M PASSET) BY 'TRIAL a --_ COUR fo | THIS PETITION COMING ON FOR 'pREiDAARY | HEARING THIS DAY, THE. COURT MABE. 'TEE FOLLOWING:
fe) ORDER .
The petitioner ard. 'bis wife instituted a suit O.8.No. 25 132/200 ogainst respondent Nos.1, 2 and 5 secking the relief. of eeclaration. Whereas reapondent Nos.1 to 3 inatinated a suit in O.S.No.26013/ 2008 against the petitioner and others seeking the relief of 7 partition and seperate posseesion. An application was filed by the petitioner and respondent No.4 to club both the ceses: and: permit them to lead common evidence. 'Under the impugned order, the said application has | _ bean rejected. Agyrieved by the same, the presert
- - - petition has been filed.
2. The learned counsel for both the parties submit that, in case, if both the suits are IGH COURT OF KARNATAKAHIGH CGURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COL simultaneously disposed of by the saame Judge, they do - petitioner would waive his right to claim clubbing of the. suits.
3. So, taking into consideration the submission made by the learned counsei, the writ petition is disposed of with @ direction to the Court below to dis pose of both: the suits airultaneously. Sd/-
JUDGE