Karnataka High Court
Smt Prema vs Sri P Chandra Kumar on 27 August, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT PETITION No.24077 / 2012 (GM CPC)
BETWEEN:
SMT PREMA
AGED ABOUT 48 YEARS,
W/O BALAKRISHNA,
R/AT NO. 14, ANNAIAHREDDY ROAD
GUPTHA LAYOUT, ULSOOR,
BANGALORE - 560008 ... PETITIONER.
(BY SRI RAMESH FOR SRI T N RAGHUPATHY & G JAYASHREE, ADVS.)
AND:
1. SRI P CHANDRA KUMAR
AGED ABOUT 42 YEARS,
S /O LATE N PAPAIAH,
R/AT NO. 156, ANJANAPPA LAYOUT
NEAR RAILWAY GATE, HORAMAVU,
BANGALORE - 560043.
2. P NAVEEN PRASAD,
AGED ABOUT 38 YEARS,
S/O LATE N PAPAIAH,
R/AT NO. 171/1, 9TH CROSS,
KADIRAPPA ROAD, DODDAKUNTE,
COX TOWN, BANGALORE - 560005
3. SRI R RAGHAVENDRA
AGED ABOUT 39 YEARS,
S/O LATE P RAMU,
GRANDSON OF LATE N PAPAIAH,
R/AT NO. 155, ANJANAPPA LAYOUT
NEAR RAILWAY GATE, HORAMAVU,
BANGALORE - 560043
4. SMT. CHANDRAKUMARI
AGED ABOUT 42 YEARS,
W/O LATE PAPANNA
2
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R/AT NO. 168, 7TH CROSS,
KADIRAPPA ROAD,
DODDAKUNTE, COX TOWN,
BANGALORE - 560005
5. SRI P RAVI
AGED ABOUT 56 YEARS,
R/AT NO. 171/3, 9TH CROSS,
KADIRAPPA ROAD, DODDAKUNTE,
COX TOWN, BANGALORE - 560005
6. SMT. PRABHAVATHI
AGED ABOUT 48 YEARS,
R/AT NO. 171/4, 7TH CROSS,
KADIRAPPA ROAD, DODDAKUNTE,
COX TOWN, BANGALORE - 560005
7. SMT. KALACHANDRASHEKAR
AGED ABOUT 52 YEARS,
W/O CHANDRASHEKAR
R/AT NO. 52, SHREYAS COLONY,
11TH CROSS, 3RD MAIN,
7TH PHASE, J.P. NAGAR,
BANGALORE - 560078
8. SMT. HEMAVATHY
AGED ABOUT 40 YEARS,
W/O JAGADEESH BABU,
R/AT NO. 44, 7TH CROSS,
KADIRAPPA ROAD, DODDAKUNTE,
COX TOWN, BANGALORE - 560005
9. SRI. V RAGHAVENDRA
AGED ABOUT 27 YEARS,
S/O LATE P VENKATESH,
R/AT NOP. 171/1-2, 9TH CROSS,
KADIRAPPA ROAD, DODDAKUNTE,
COX TOWN, BANGALORE - 560005
10. SRI K YADAV KRISHNA
AGED ABOUT 47 YEARS,
S/O LATE M KANNAN,
R/AT NO. 7/B, 5TH CROSS,
MAGADI ROAD, RIGHT SIDE,
BANGALORE - 560023
11. SRI. KR. SHIVADATHA PRASAD,
AGED ABOUT 44 YEARS,
S/O LATE K ANNAIAPPA,
R/AT NO. 739, 10TH MAIN,
3
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3RD STAGE, 3RD BLOCK,
BASAVESHWARA NAGAR,
BANGALORE - 560079
12. SMT. GAYANA,
AGED ABOUT 32 YEARS,
W/O P.M. DARSHAN,
R/AT NO. 739, 10TH MAIN,
3RD STAGE, 3RD BLOCK,
BASAVESHWARA NAGAR,
BANGALORE - 560079
13. ST. STEPHEN"S ORTHODOX CHURCH,
NO. 39/40, 1ST MAIN ROAD,
CHOLOUPALYA, MAGADI ROAD,
BANGALORE - 560023.
REPRESENTED BY VICAR,
REV. FATHER JOHN THOMAS,
AGED ABOUT 74 YEARS,
R/AT BETHSLOM, GANGAMMA TEMPLE?
ROAD,
JALAHALLI, BANGALORE - 560013
14. SRI. SHIVA SHANKAR.E.
AGED ABOUT 48 YEARS,
S/O SRI EREGOWDA,
R/AT NO. 32, 2ND MAIN,
BASAVESHWARA LAYOUT,
VIJAYANAGAR, BANGALORE - 560 040
15. SRI. SHANKAR SUBRAY BHAT,
AGED ABOUT 78 YEARS,
S/O LATE SUBRAY SHANKAR BHAT,
R/AT KUJALLI VILLAGE,
KUMTA TALUK, UTTARA KANNADA
DISTRICT,
KARNATAKA 581 343
16. SRI C NAGARAJU
AGED ABOUT 40 YEARS,
S/O K CHINNAPPA,
R/AT NO. 2320, 20TH CROSS,
K.R. ROAD, BANSHANKRI 2ND
STAGE,
BANGALORE - 560 007
17. SRI. K SAMPATH
AGED ABOUT 44 YEARS,
S/O LATE M KANNAN,
R/AT 7/B, 5TH CROSS,
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MAGADI ROAD,
BANGALORE - 560023
18. SRI B KARIBASAPPA,
AGED ABOUT 69 YEARS,
S/O LATE B GURUSIDDAPPA,
R/AT NO. 26, SBM COLONY,
BANASHANKARI 1ST STAGE,
BANGALORE - 560050
19. SMT. SHIVAMMA
AGED ABOUT 70 YEARS,
W/O V.S. SADASHIVAIAH,
R/AT NO. 2/13, SJP ROAD, CROSS
M M LANE, BANGALORE - 560002
20. SRI V S RAVI SHANKAR,
AGED ABOUT 39 YEARS,
S/O V S SADASHIVAIAH,
R/AT NO. 2/13, SJP ROAD CROSS,
M M LANE, BANGALORE - 560002
21. SMT. RENUKA
AGED ABOUT 34 YEARS,
W/O SRI V S RAVI SHANKAR
R/AT NO. 2/13, SJP ROAD CROSS,
M M LANE, BANGALORE - 560002
22. SRI S MOHAN
AGED ABOUT 40 YEARS,
S/O K SANNAIAH,
R/AT NO. 2766, 14TH MAIN ROAD
8TH F CROSS, RPC LAYOUT,
ATHIGUPPE, VIJAYANAGAR,
BANGALORE - 560040
23. SRI. K.R. SRINIVAS MURTHY
AGED ABOUT 34 YEARS,
S/O LATE K RAMASWAMY,
R/AT NO. 3030, 14TH A MAIN
ROAD,
RPC LAYOUT,
ATHIGUPPE, VIJAYANAGAR,
BANGALORE - 560040
24. SRI. PRADEEP SOMASHEKAR VODEYAR,
AGED ABOUT 44 YEARS,
S/O SOMASHEAR S VODEYAR,
R/AT NO. 25, VEERABADRESHWAR
KRUPA,
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DWARAKANAGAR,
BESIDE SKYLANE APARTMENTS,
CHANDRA LAYOUT,
VIJAYANAGAR,
BANGALORE - 560040
25. SMT. MANJULA
AGED ABOUT 44 YEARS,
W/O RAMASWAMY,
R/AT NO. 35/2, 2ND CROSS,
SRINIVASA REDDY LAYOUT,
RAMAMURTHY NAGAR MAIN ROAD,
BANGALORE - 560043
26. SMT. P CHANDRAMMA
AGED ABOUT 60 YEARS,
W/O LATE SUBRAMANI,
R/AT NO. 614, RAMU NILAYA,
BANASAVADI MAIN ROAD,
BANGALORE - 560043
27. SMT. LATHA
AGED ABOUT 46 YEARS,
W/O LATE BAYNNA,
R/AT NO. 301/2, 3RD CROSS,
NRI COLONY, KALKERE,
RAMAMURTHY NAGAR MAIN ROAD,
BANGALORE - 560043 ... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO
DECLARE THAT THE ORDER DATED 6.3.2012 PASSED BY THE
LEARNED XXVIII ADDL. CITY CIVIL JUDGE, BANGALORE ON
APPLICATION UNDER SECTION 10 CPC IN O.S.NO.25251/2011
VIDE ANNEXURE-J IS ILLEGAL AND QUASH THE SAME.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING: -
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ORDER
O.S.No.3814/2003 has been filed by the defendants for partition and separate possession of the suit schedule property. Thereafter the petitioner- plaintiff No.1 filed a suit in O.S.No.25251/2011. During the pendency of the suit, an application was filed by defendant No.15 under Section 10 of CPC to stay further proceedings in O.S.No.25251/2011 till the disposal of O.S.No.3814/2003. The trial court by the impugned order allowed the same. Hence the present petition by the aggrieved plaintiff No.1 in O.S.No.25251/2011.
2. Learned counsel for the petitioner contends that his application for transferring this suit to the Court trying the earlier suit is still pending consideration in Misc. Petition No.272/2011 and that if the impugned order is sustained then his miscellaneous petition would become infructuous.
3. On hearing the learned counsel for the petitioner and on examining the impugned order, I do not find any 7
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error committed by the trial court that calls for interference. Since the earlier suit and the present suit are for partition, the ingredients of Section 10 of the CPC has been satisfied. However, it is made clear that the application filed under Section 10 of the CPC having been allowed, the order passed by this Court and the trial court would not come in the way of the lower court disposing off Misc.Ptn.No.272/2011. The said petition shall be considered independent of this order and necessary orders be passed on its merits.
4. With the above observation, this writ petition is disposed off.
Sd/-
JUDGE NG*