Writ Petition No. 32300 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:10757 WP No. 32300 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 32300 OF 2018 (GM-CPC) BETWEEN: SRI. Y RAGHURAM SHENOY S/O LATE RAMANATHSHENOY 1(A) SMT. YELTHIMAR VIJAYALAKSHMI.SHENOY W/O. LATE Y.RAGHURAM SHENOY, AGED ABOUT 56 YEARS, 1(2) 2) SRI SOORAJ YELTHIMAR SHENOY S/O. LATE Y.R.SHENOY, AGED ABOUT 26 YEARS, BOTH RESIDING AT LAKSHMI NIVAS, KALLARE MAIN ROAD, PUTTUR POST & TALUK, DAKSHINA KANNADA - 574 202. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI. N. RAVINDRANATH KAMATH SENIOR COUNSEL FOR SRI. DIVYATEJ H.N. AND SRI. MOHAMMED ASHHAR C.K.,ADVOCATE FOR P1(a) AND P1(b) …PETITIONERS AND: 1. PUTTUR TOWN MUNICIPAL COUNCIL PUTTUR, D.K.DISTRICT - 574 201 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. - 2 - NC: 2025:KHC:10757 WP No. 32300 of 2018 2. 3. 4. 5. 6. 7. SRI RAJESH BANNUR S/O GOPALA AGED ABOUT 48 YEARS EX PRESIDENT & MEMBER PUTTUR TOWN MUNICIPAL COUNCIL ANUGRAHA NEAR MAHALINGESHWARA TEMPLE PUTTUR - 574 201. SRI K SOMAPPASAPALYA S/O GOVINDASAPAYYA MAJOR BY AGE PUTTUR TOWN MUNICIPAL COUNCIL RAKTHESHWARI ROAD, NEHRU NAGAR, PUTTUR-574 201. SRI JEEVANDHAR JAIN KALLEGA S/O YUVARAJHEGDE MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL NELAPPALAPADNUR PUTTUR-574 201. SRI SANKAPPAGOWDA S/O DOMANNAGOWDA MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL AJEYANAGAR, PADNUR, PUTTUR-574 201. SRI RAMANNAGOWDAHALANGA S/O VAMANGOWDA MAJOR BY AGE, MEMBER, PUTTUR TOWN MUNICIPAL COUNCIL HALANGA HOUSE, BANNUR, PUTTUR-574 201. SRI B VISHWANATHAGOWDA S/O NARAYANAGOWDA MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL - 3 - NC: 2025:KHC:10757 WP No. 32300 of 2018 8. 9. 10. 11. 12. 13. AYODHYA NAGAR BANNUR, PUTTUR-574 201. SRI JAGADISHSHETTY NELLIKATTE S/O GUDDAPPASHETTY MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL THARIGUDDE PUTTUR-574 201. SRI ANWAR KASIMSALVARA S/O KASIM P.S, MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL SALMARA, PUTTUR-574 201. SRI M CHANDRA SINGH S/O RAGHAVENDRA SINGH MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL MUDDODI, CHIKKAMUDNUR PUTTUR - 574 201. SRI A SHAKTHI SINHA S/O A N SUVARNA MAJOR BY AGE MEMBER, PUTTUR TOWN MUNICIPAL COUNCIL NELLIKATTE, PUTTUR -574 201. SMT VANI SRIDHAR W/O SRIDHAR MAJOR BY AGE, MEMEBER & PRESIDENT, PUTTUR TOWN MUNICIPAL COUNCIL PADEELU, PUTTUR-574 201. SRI PANDURANGA HEGDE S/O RAGHAVENDRA HEGDE, MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL MAHALINGESHWARAVATTARA PUTTUR-574 201. - 4 - NC: 2025:KHC:10757 WP No. 32300 of 2018 14. 15. 16. 17. 18. 19. 20. SMT JYOTHI R NAYAK W/O RADHAKRISHNANAYAK MAJOR BY AGE, MEMBER PUTTUR, TOWN MUNICIPAL COUNCIL HARADI, PUTTUR-574 201. SMT P LATHA GANESH RAO W/O GANESH RAO MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL UJRUPADE, PUTTUR-574 201. SMT YASHODHAHARISHABIRAVU W/O HARISHABIRAVU MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL KABAKA, PUTTUR-574 201. SMT K KAMALA ANANDA PRESIDENT & MEMBER PUTTUR TOWN MUNICIPAL COUNCIL TENKILA MANE, KATTATHARU PUTTUR - 574 201. SRI VINAYBHANDARI S/O BABUBHANDARI, MAJOR BY AGE, MEMBER, PUTTUR TOWN MUNICIPAL COUNCIL DARBE, PUTTUR - 574 201. SMT DEEKSHAPAI W/O DINESH PAI MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL PARLADKA HOUSE, PUTTUR-574 201, D.K. SRI ATOOR H MOHAMMED ALI S/O IBRAHIM HAJI MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL - 5 - NC: 2025:KHC:10757 WP No. 32300 of 2018 21. 22. 23. 24. 25. 26. KORNADKA HOUSE, KEMMINJE DARBE, PUTTUR - 574 201. SMT SEEMAGANGADHAR W/O GANGDHAR V MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL SAMETHADKA HOUSE, PUTTUR-574 201. SMT REKHAYASHODHARA W/O YASHODHARA K MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL SANJAY NAGAR, KEMMINJE PUTTUR-574 201. MADHAVABEDRALA S/O SOMAIAHNAYAK MAJOR IN AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL BEDRALA HOUSE, PUTTUR-574 201. SRI LANCIMUSCARENHAS S/O LUOISMUSCARENHAS MAJOR BY AGE PUTTUR TOWN MUNICIPAL COUNCIL ANIL NIVAS, KEMMINJE PUTTUR-574 201. SMT USHABALAKRISHNA W/O BALAKRISHNAGOWDA MAJOR BY AGE, MEMBER, PUTTUR TOWN MUNICIPAL COUNCIL KARKUNJA HOUSE, OPPALIGE, PUTTUR-574 201. SRI RAMESH RAIMOTTETHADKA S/O ACHUTH RAI MOTTETHADKA MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL - 6 - NC: 2025:KHC:10757 WP No. 32300 of 2018 KEMMINJE, PUTTUR-574 201. 27. SMT JAYANTHI W/O POOVAPPA MAJOR BY AGE, MEMBER PUTTUR TOWN MUNICIPAL COUNCIL ARTHIPADAV, MANEBALNAD VILLAGE PUTTUR-574 201. 28. SRI ANANTHASHENOY SINCE DECEASED BY LRS 28(a) SMT Y SHANTHI SHENOY AGED ABOUT 65 YEARS, W/O LATE SRI ANANATHA SHENOY. 28(b). SRI Y RAMANATHA SHENOY AGED ABOUT 29 YEARS S/O LATE SRI ANANTHA SHENOY BOTH ARE RESIDING AT APT NO.208, 520 PARK SIDE DRIVE WATERLOO, ONTARIO CANADA -N2L53D. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE ORDER OF JUDGE, THE HONBLE PRINCIPAL AND SESSION MANGALORE IN MISC.NO.5/2018 DATED 23.06.2018, WHEREIN THE APPLICATION OF THE PETITIONER TO TRANSFER THE SUIT IN O.S.NO.29/2013 ON THE FILE OF ADDL. SR.CIVIL JDUGE AND JMFC, PUTTUR TO BE TRANSFERRED AND CLUBBED IN O.S.NO.51/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND ACJ AT PUTTUR, DK VIDE ANNX-A AND THE SAID PETITIONER MAY BE ORDERED TO BE ALLOWED AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:10757 WP No. 32300 of 2018 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is the plaintiff in O.S.No.29/2013 pending consideration on the file of Additional Senior Civil Judge & JMFC Puttur as well as in O.S.No.51/2016 pending consideration on the file of Principal Civil Judge And ACJ, Puttur, Dakshina Kannada which is filed against the common defendants/respondents herein, is before this Court being aggrieved by the order dated 23.06.2018 passed in Miscellaneous Petition No.5/2018 by the Principle District and Sessions Judge, Mangalore, D.K, by which the application filed by the petitioner herein under Section 24 of the CPC seeking to club the aforesaid two suits and to conduct common trial and to hear analogously has been rejected. 2. Learned senior counsel appearing for the petitioner submits that the parties, subject matter and the cause of action in the both the suits are one and the same and the Principle District and Sessions Judge, Mangalore, D.K, without appreciating these aspects the matter has dismissed the application which may lead to anomalous situation of conflicting - 8 - NC: 2025:KHC:10757 WP No. 32300 of 2018 decision being passed and leading further multiplicity of proceedings. Hence seeks for allowing of the petition. 3. Heard. Perused the records. 4. Perusal of the plaint in the above suits would disclose that the petitioner is claiming to be the owner of property bearing Sy.No.138/9 and 138/1 situated at Puttur, Kasaba village, Dakshina Kannada. It is the case of the petitioner that the respondent- authorities had apart from demolishing the structure existing had also encroached upon a portion of the said property. He submit therefore the first suit in O.S.No.29/2013 was filed seeking damages in sum of 1,00,00,000/- for illegal demolition and the second suit in O.S.No.51/2016 is filed for damages in a sum of Rs.60,00,000/- towards illegal encroachment of the portion of the aforesaid property. The Principal District and Sessions Judge, Mangaluru as seen in the impugned order, has proceeded to dismiss the said application merely because the petitioner herein when he filed a subsequent suit, did not file a memo bringing to the notice of the Court about the previous suit filed by him and that the present application is filed after - 9 - NC: 2025:KHC:10757 WP No. 32300 of 2018 lapse of 2 years. It is only this ground which has weighed in the mind of the Principal District and Sessions Judge, Mangalore to reject the application. 5. Clubbing of the suit is for the convenience of leading evidence and analogous hearing of the matter, inasmuch as in the subject matter, parties and the cause of action as emanating from the plaint are common, as rightly pointed out by the learned Senior counsel for the petitioner. If above suits are heard separately and separate judgments are passed there is likelihood of conflicting judgments being passed giving rise to anomalous situation. 6. In that light of the matter, sufficient cause is shown for setting aside the impugned order dated23.06.2018 passed by the Principal District and Sessions Judge, Mangalore. Accordingly the same is set aside. Application under Section 24 filed for transfer of O.S.No.29/2013 pending on the file of Additional Senior Civil Judge and JMFC, Puttur to File of Principal Senior Civil Judge and ACJM, Puttur is allowed. - 10 - NC: 2025:KHC:10757 WP No. 32300 of 2018 7. The Principal District and Sessions Judge, Mangaluru is directed to withdraw either of the suits and place it before either of the Courts having jurisdiction to try and dispose of the matter analogously. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 2 Sl No.: 6