Karnataka High Court
Sri D Jayasheelan vs Sri Ramanujam on 22 June, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.4937 OF 2018 (GM-CPC)
C/W
WRIT PETITION NO.4934 OF 2018 (GM-CPC)
WRIT PETITION NO.4935 OF 2018 (GM-CPC)
WRIT PETITION NO.4936 OF 2018 (GM-CPC)
AND
WRIT PETITION NO.4938 OF 2018 (GM-CPC)
IN WRIT PETITION NO.4937/2018
BETWEEN:
SRI NABI RASOOL
S/O M IBRAHIM BASHA SAB
AGED ABOUT 37 YEARS
RESIDING AT
DOOR NO.836
AVALAPPA BLOCK
CHAMUNDI NAGARA
R T NAGARA
BENGALURU-560 032
...PETITIONER
(BY SRI.SURESH BABU B.N., ADVOCATE)
AND
1. SRI RAMANUJAM
S/O LATE KANNAN
2
AGED ABOUT 79 YEARS
2. SRI NAMBIRAJAN
S/O LATE KANNAN
AGED ABOUT 73 YEARS
3. SRI PURUSHOTHMAN
S/O LATE KANNAN
AGED ABOUT 71 YEARS
4. SRI NARAYANAN
S/O LATE KANNAN
AGED ABOUT 69 YEARS
RESPONDENT NOS.1 TO 4
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
SRI.BALARAMAN DEAD
REPRESENTED BY HIS LRS.,
5. SMT.PREMA
W/O LATE BALARAMAN
AGED ABOUT 62 YEARS
6. SMT ROOPA
W/O SELVAKUMAR
D/O LATE BALARAMAN
AGED ABOUT 36 YEARS
7. KUM PAVITHRA
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
3
8. SMT PREETHI
W/O MANOJ LOGANATHAAN
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
9. KUM VIDYA
D/O LATE BALARAMAN
AGED ABOUT 26 YEARS
RESPONDENT NOS.5 TO 9
ARE RESIDING AT NO.1287
PIPE LINE, 2ND CROSS ROAD
ROBERTSONPET, K.G.F. 563 121
10. SRI BHAKTHAVATSALAM
S/O LATE KANNAN
AGED ABOUT 54 YEARS
11. SRI PADMANABHAN
S/O LATE KANNAN
AGED ABOUT 52 YEARS
12. SRI MURALIKRISHNA
S/O LATE KANNAN
AGED ABOUT 50 YEARS
RESPONDENT NOS.10 TO 12
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK-563 121
.....RESPONDENTS
(BY SRI.JAGAN BABU S, ADVOCATE)
4
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 09.10.2017 PASSED BY THE PRL.
CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.339/2012 BY
DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF
THE CODE OF CIVIL PROCEDURE PRODUCED AT
ANNEXURE - E AND ETC.,
IN WRIT PETITION NO.4934/2018
BETWEEN:
SMT.C.JYOTHI
W/O LATE C.KUPPUDU
AGED ABOUT 55 YEARS
RESIDING AT
ESWAR TEMPLE STREET
AMARAVATHI NILAYAM
OORGUM PET
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
...PETITIONER
(BY SRI.SURESH BABU B.N., ADVOCATE)
AND
1. SRI RAMANUJAM
S/O LATE KANNAN
AGED ABOUT 79 YEARS
2. SRI NAMBIRAJAN
S/O LATE KANNAN
AGED ABOUT 73 YEARS
3. SRI PURUSHOTHMAN
S/O LATE KANNAN
AGED ABOUT 71 YEARS
5
4. SRI NARAYANAN
S/O LATE KANNAN
AGED ABOUT 69 YEARS
RESPONDENT NOS.1 TO 4
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
SRI.BALARAMAN DEAD
REPRESENTED BY HIS LRS.,
5. SMT.PREMA
W/O LATE BALARAMAN
AGED ABOUT 62 YEARS
6. SMT ROOPA
W/O SELVAKUMAR
D/O LATE BALARAMAN
AGED ABOUT 36 YEARS
7. KUM PAVITHRA
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
8. SMT PREETHI
W/O MANOJ LOGANATHAAN
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
9. KUM VIDYA
D/O LATE BALARAMAN
AGED ABOUT 26 YEARS
RESPONDENT NOS.5 TO 9
ARE RESIDING AT NO.1287
6
PIPE LINE, 2ND CROSS ROAD
ROBERTSONPET, K.G.F. 563 121
10. SRI BHAKTHAVATSALAM
S/O LATE KANNAN
AGED ABOUT 54 YEARS
11. SRI PADMANABHAN
S/O LATE KANNAN
AGED ABOUT 52 YEARS
12. SRI MURALIKRISHNA
S/O LATE KANNAN
AGED ABOUT 50 YEARS
RESPONDENT NOS.10 TO 12
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK-563 121
.....RESPONDENTS
(R.2 TO R.12 SERVED AND UNREPRESENTED;
NOTICE TO R.1 IS H/S V/O/D 21.10.2021)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 09.10.2017 PASSED BY THE PRL.
CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.335/2012 BY
DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF
THE CODE OF CIVIL PROCEDURE PRODUCED AT
ANNEXURE - E AND ETC.,
7
IN WRIT PETITION NO.4935/2018
BETWEEN:
SRI.D.JAYASHEELAN
S/O DAVID
AGED ABOUT 63 YEARS
DOOR NO.57
BEHIND H.J.R SWARNA MAHAL
KATHIHALLI VILLAGE, BEML NAGAR POST
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
...PETITIONER
(BY SRI.SURESH BABU B.N., ADVOCATE)
AND
1. SRI RAMANUJAM
S/O LATE KANNAN
AGED ABOUT 79 YEARS
2. SRI NAMBIRAJAN
S/O LATE KANNAN
AGED ABOUT 73 YEARS
3. SRI PURUSHOTHMAN
S/O LATE KANNAN
AGED ABOUT 71 YEARS
4. SRI NARAYANAN
S/O LATE KANNAN
AGED ABOUT 69 YEARS
RESPONDENT NOS.1 TO 4
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
8
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
SRI.BALARAMAN DEAD
REPRESENTED BY HIS LRS.,
5. SMT.PREMA
W/O LATE BALARAMAN
AGED ABOUT 62 YEARS
6. SMT ROOPA
W/O SELVAKUMAR
D/O LATE BALARAMAN
AGED ABOUT 36 YEARS
7. KUM PAVITHRA
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
8. SMT PREETHI
W/O MANOJ LOGANATHAAN
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
9. KUM VIDYA
D/O LATE BALARAMAN
AGED ABOUT 26 YEARS
RESPONDENT NOS.5 TO 9
ARE RESIDING AT NO.1287
PIPE LINE, 2ND CROSS ROAD
ROBERTSONPET, K.G.F. 563 121
10. SRI BHAKTHAVATSALAM
S/O LATE KANNAN
AGED ABOUT 54 YEARS
9
11. SRI PADMANABHAN
S/O LATE KANNAN
AGED ABOUT 52 YEARS
12. SRI MURALIKRISHNA
S/O LATE KANNAN
AGED ABOUT 50 YEARS
RESPONDENT NOS.10 TO 12
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK-563 121
.....RESPONDENTS
(R.1 TO 3 AND R.5 TO R.12 ARE SERVED AND
UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 09.10.2017 PASSED BY THE PRL.
CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.333/2012 BY
DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF
THE CODE OF CIVIL PROCEDURE PRODUCED AT
ANNEXURE - E AND ETC.,
IN WRIT PETITION NO.4936/2018
BETWEEN:
SRI.G.ANNAMALAI
S/O LATE GOUNDAPPA
AGED ABOUT 73 YEARS
RESIDING AT
DOOR NO.8-194
BHARAT NAGAR
10
B.E.M.L NAGAR POST
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 115
...PETITIONER
(BY SRI.SURESH BABU B.N., ADVOCATE)
AND
1. SRI RAMANUJAM
S/O LATE KANNAN
AGED ABOUT 79 YEARS
2. SRI NAMBIRAJAN
S/O LATE KANNAN
AGED ABOUT 73 YEARS
3. SRI PURUSHOTHMAN
S/O LATE KANNAN
AGED ABOUT 71 YEARS
4. SRI NARAYANAN
S/O LATE KANNAN
AGED ABOUT 69 YEARS
RESPONDENT NOS.1 TO 4
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
SRI.BALARAMAN DEAD
REPRESENTED BY HIS LRS.,
5. SMT.PREMA
W/O LATE BALARAMAN
11
AGED ABOUT 62 YEARS
6. SMT ROOPA
W/O SELVAKUMAR
D/O LATE BALARAMAN
AGED ABOUT 36 YEARS
7. KUM PAVITHRA
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
8. SMT PREETHI
W/O MANOJ LOGANATHAAN
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
9. KUM VIDYA
D/O LATE BALARAMAN
AGED ABOUT 26 YEARS
RESPONDENT NOS.5 TO 9
ARE RESIDING AT NO.1287
PIPE LINE, 2ND CROSS ROAD
ROBERTSONPET, K.G.F. 563 121
10. SRI BHAKTHAVATSALAM
S/O LATE KANNAN
AGED ABOUT 54 YEARS
11. SRI PADMANABHAN
S/O LATE KANNAN
AGED ABOUT 52 YEARS
12. SRI MURALIKRISHNA
S/O LATE KANNAN
AGED ABOUT 50 YEARS
RESPONDENT NOS.10 TO 12
ARE RESIDING AT
12
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK-563 121
.....RESPONDENTS
(NOTICE TO R.1 IS H/S V/O/D 21.10.2021;
R.2 TO 12 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DATED 09.10.2017 PASSED BY
THE PRL. CIVIL JUDGE AND JMFC AT K.G.F IN
O.S.NO.373/2012 BY DISMISSING THE I.A.NO.5 FILED
UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE
PRODUCED AT ANNEXURE - E AND ETC.,
IN WRIT PETITION NO.4938/2018
BETWEEN:
SRI.S.ABDUL ALEEM
S/O SHAIK IMAM SAHIB
AGED ABOUT 67 YEARS
RESIDING AT
AYESHA MANZIL
BEHIND GOVERNMENT URDU SCHOOL
OORGUAM PET
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
...PETITIONER
(BY SRI.SURESH BABU B.N., ADVOCATE)
AND
13
1. SRI RAMANUJAM
S/O LATE KANNAN
AGED ABOUT 79 YEARS
2. SRI NAMBIRAJAN
S/O LATE KANNAN
AGED ABOUT 73 YEARS
3. SRI PURUSHOTHMAN
S/O LATE KANNAN
AGED ABOUT 71 YEARS
4. SRI NARAYANAN
S/O LATE KANNAN
AGED ABOUT 69 YEARS
RESPONDENT NOS.1 TO 4
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK - 563 121
SRI.BALARAMAN DEAD
REPRESENTED BY HIS LRS.,
5. SMT.PREMA
W/O LATE BALARAMAN
AGED ABOUT 62 YEARS
6. SMT ROOPA
W/O SELVAKUMAR
D/O LATE BALARAMAN
AGED ABOUT 36 YEARS
7. KUM PAVITHRA
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
14
8. SMT PREETHI
W/O MANOJ LOGANATHAAN
D/O LATE BALARAMAN
AGED ABOUT 34 YEARS
9. KUM VIDYA
D/O LATE BALARAMAN
AGED ABOUT 26 YEARS
RESPONDENT NOS.5 TO 9
ARE RESIDING AT NO.1287
PIPE LINE, 2ND CROSS ROAD
ROBERTSONPET, K.G.F. 563 121
10. SRI BHAKTHAVATSALAM
S/O LATE KANNAN
AGED ABOUT 54 YEARS
11. SRI PADMANABHAN
S/O LATE KANNAN
AGED ABOUT 52 YEARS
12. SRI MURALIKRISHNA
S/O LATE KANNAN
AGED ABOUT 50 YEARS
RESPONDENT NOS.10 TO 12
ARE RESIDING AT
MELKRISHNAPURAM VILLAGE
PEDDAPALLI POST
VIA OORGAUMPET
ROBERTSONPET HOBLI
BANGARPET TALUK-563 121
.....RESPONDENTS
(COPY SERVED ON SRI.SRINATH N.S., ADVOCATE
FOR RESPONDENTS V/O/D 06.03.2018)
15
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 09.10.2017 PASSED BY THE PRL.
CIVIL JUDGE AND JMFC AT K.G.F IN O.S.NO.337/2012 BY
DISMISSING THE I.A.NO.5 FILED UNDER SECTION 151 OF
THE CODE OF CIVIL PROCEDURE PRODUCED AT
ANNEXURE - E AND ETC.,
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
These batch of captioned writ petitions are filed questioning the common order, wherein the learned Judge has clubbed all the suits and has directed the parties to lead common evidence in O.S.No.333/2012. Pursuant to the clubbing all the suits, it is contended by the petitioners in these batch of writ petitions that the learned Judge is insisting to lead ocular evidence by one of the plaintiff more particularly in O.S.No.333/2012. The grievance of the petitioners is that they have filed separate suits and they have independent right based on the registered sale deeds. 16 Since the common issues are involved in all the suits, all the suits are clubbed, that necessarily does not mean that only one plaintiff can lead ocular evidence in all the suits. If all the plaintiffs have an independent right under independent sale deeds executed by their respective vendors, even if all the suits are clubbed, it is needless to say that each plaintiff is entitled to lead independent evidence. On account of clubbing, evidence need not be recorded in O.S.No.333/2012.
2. Plaintiffs are at liberty to lead ocular evidence in their respective suits. On account of clubbing, it would enable the Court to pronounce common judgment and decree. It does not mean that only one plaintiff can lead common evidence on behalf of the plaintiffs in O.S.No.333/2012 and such a recourse cannot be adopted in the present suits. 17
With these above observations, the writ petitions stand disposed of.
Sd/-
JUDGE NBM