SRI. YOGESH v. M/S GOLDEN GATE PROJECTS

A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT 1932 HAVING REGISTERED OFFICE AT NO.96, 1ST FLOOR, 4TH BLOCK, KORAMANGALA EXTENSION BENGALURU-560 034. REPRESENTED BY ITS PARTNER C D SANJAY RAJ.

3. SRI C D SANJAY RAJ S/O C H DEVARAJ AGED ABOUT 47 YEARS R/A NO.4, BENSON CROSS ROAD BENSON TOWN, BENGALURU-560 046. SRI JAYARAM S/O LATE SURAPPA MUDALIAR AGED ABOUT 72 YEARS - 2 - NC: 2024:KHC:3442 WP No. 26128 of 2023

6. SRI MAHESH S/O S JAYARAM AGED ABOUT 53 YEARS SRI DHARANI S/O S JAYARAM AGED ABOUT 50 YEARS SRI NAGARAJ S/O S JAYARAM AGED ABOUT 45 YEARS 3RD TO 6TH RESPONDENTS HAVE ADDRESS AT: NO.270, MUNISWAMY LAYOUT KASAVANAHALLI VILLAGE BELLANDUR POST , VARTHUR HOBLI BANGALORE EAST TALUK BENGALURU-560 038. (BY SRI. MOHAMMED NASIRUDDIN, ADVOCATE FOR C/R-1 & R-2) …RESPONDENTS INDIA PRAYING TO QUASH THE THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION IMPUGNED ORDER DATED OF 30/10/2023 IN O.S.NO.9159/2018 BY THE HONBLE XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-14) AT BENGALURU BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER ORDER OR WRIT. (ANNEXURE-A) PASSED ON I.A. NOS. 5 AND 6 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This petition by the 1st defendant is directed against the impugned order dated 30.10.2023 passed on I.A.No.s 5 and 6 in O.S.No.9159/2018 on the file of XXXI Addl.City Civil and Sessions Judge, Bangalore, whereby the said applications filed by the respondent Nos.1 and 2 – plaintiffs were allowed by the Trial Court. - 3 - NC: 2024:KHC:3442 WP No. 26128 of 2023

2. Heard learned Senior counsel for the petitioner and learned counsel for respondents 1 and 2 and perused the material on record.

3. A perusal of the material on record will indicate that the respondent Nos.1 and 2 – plaintiffs instituted the aforesaid suit against the petitioner-defendant No.1 and other defendants for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner-defendant No.1. During the pendency of the suit, I.A.Nos.5 and 6 were filed by the respondent Nos.1 and 2 – plaintiffs for police protection and for restoration of possession of the suit schedule property the petitioner. The said applications having been opposed by the petitioner, the Trial Court proceeded to pass the impugned common order allowing I.A.Nos. 5 and 6, aggrieved by which, the petitioner is before this Court by way of the present petition.

4. A perusal of the material on record and the joint submissions made by both sides will indicate that in addition to the instant O.S.No.9159/2018 presently pending before the XXXI Addl.City Civil and Sessions Judge, Bangalore, there is one more - 4 - NC: 2024:KHC:3442 WP No. 26128 of 2023 suit in O.S.No.117/2007 between the parties in respect of the very same suit schedule property which is presently pending adjudication before the VIII Addl. Senior Civil Judge, Bangalore Rural District, Bangalore. Both sides jointly submit that they do not have any objection for both the aforesaid suits to be withdrawn from their respective courts and transferred to a single court i.e., to the City Civil Judge, Bangalore for disposal in accordance with law.

5. On instructions, learned Senior counsel for the petitioner submits that the petitioner would file an affidavit of undertaking that in the event, the petitioner does not succeed in the aforesaid suits, the petitioner would voluntarily quit, vacate and hand over the vacant possession of the suit schedule property in favour of respondent Nos.1 and 2 - plaintiffs and also that the petitioner shall not claim any equities and would restore status-quo ante in relation to the suit schedule property and that the impugned order passed by the trial court may be modified and I.A.Nos. 5 and 6 may be disposed of accordingly.

6. Per contra, learned counsel for respondents 1 and 2 submits that they have no objection for modification of the - 5 - NC: 2024:KHC:3442 WP No. 26128 of 2023 impugned order passed by the trial court and I.A.Nos.5 and 6 to be disposed of in the above terms.

7. In view of the aforesaid facts and circumstances and joint submission made by both sides, I deem it just and appropriate to dispose of this petition by modifying the impugned order insofar as it relates to I.A.Nos.5 and 6 filed in O.S.9159/2018 and dispose of I.A.Nos.5 and 6 and also exercise my powers under Article 227 of the Constitution of India r/w Section 24 CPC and withdraw both O.S.No.9159/2018 from the file of the XXXI Addl.City Civil and Sessions Judge, Bangalore (CCH-14) as well as O.S.No.117/2007 from the file of VIII Addl.Senior Civil Judge, Bangalore Rural District, Bangalore and transfer both the suits to the court of the XXXIII Addl.City Civil and Sessions Judge, Bangalore (CCH-33) and to club, consolidate and dispose of both the suits in accordance with law.

8. In the result, I pass the following:- ORDER (i) Petition is hereby disposed of. (ii) The impugned order dated 30.10.2023 passed in O.S.No.9159/2018 by the XXXI Addl. City Civil and Sessions Judge - 6 - NC: 2024:KHC:3442 WP No. 26128 of 2023 (CCH-14), Bengaluru, insofar as it relates to I.A.Nos.5 and 6, are hereby modified. (iii) I.A.Nos.5 and 6 filed by respondent Nos.1 and 2 – plaintiffs in O.S.No.9159/2018 are disposed of by directing the petitioner to file an affidavit of undertaking within a period of four weeks from today to the effect that the in the event, the petitioner does not succeed in the aforesaid suits, the petitioner would voluntarily quit, vacate and hand over the vacant possession of the suit schedule property in favour of respondent Nos.1 and 2 - plaintiffs herein and also that the petitioner shall not claim any equities and would restore status-quo ante in relation to the suit schedule property. (iv) The Registry of the City Civil Court, Bangalore and the Registry of the Court of Bangalore Rural District, Bangalore, are directed to co-ordinate with each other and withdraw O.S.No.9159/2018 pending on the file of the XXXI Addl. City Civil and Sessions Judge, Bangalore (CCH-14) as well as O.S.No.117/2007 pending on the file of VIII Addl. Senior Civil Judge, Bangalore Rural District, Bangalore and transfer both the suits to the Court of XXXIII Addl.City Civil and Sessions Judge, Bangalore, (CCH-33) with a direction to the said transferee Court to - 7 - NC: 2024:KHC:3442 WP No. 26128 of 2023 consolidate and club both O.S.No.9159/2018 and O.S.No.117/2007 together and dispose of both the suits together in accordance with law, within a period of six months from the date of receipt of a copy of this order. (v) The Registry of the City Civil Court, Bangalore is directed to post the matter before the aforesaid transferee Court i.e., XXXIII Addl.City Civil and Sessions Judge, Bangalore, (CCH-33) on

12.02.2024 so as to enable the parties to appear before the court. (vi) The said transferee court is directed to provide an opportunity to all parties to both the suits in O.S.No.9159/2018 and O.S.No.117/2007 and hear them and dispose of both the suits on merits and in accordance with law within a period of six months from 12.02.2024 without being influenced by any findings and observations recorded in all interlocutory orders passed by the trial court and confirmed by this Court. (vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. DHA/SRL Sd/- JUDGE