PASSED

ON

I.A.NO.16 FILED UNDER ORDER 14 RULE 2 READ WITH

SECTION 151 OF THE CODE OF CIVIL PROCEDURE FILED

BY THE DEFENDANT - RESPONDENT DATED 23.03.2022 IN

O.S.NO.511/2011 BY THE IV ADDL. SENIOR CIVIL JUDGE,

BENGALURU RURAL DISTRICT, BENGALURU (ANNEXURE-

A) AND FOR SUCH OTHER ORDER DIRECTION AND

DECLARATION AS THIS HON'BLE COURT MAY DEEM FIT IN

THE FACTS AND CIRCUMSTANCES OF THE CASE AND

ETC.,

THIS WRIT PETITION NO.10189/2022 IS FILED

PRAYING TO QUASH THE COMMON ORDERS PASSED ON

I.A.NO.17 FILED UNDER ORDER 6 RULE 17 OF THE CODE

OF CIVIL PROCEDURE FILED BY THE PLAINTIFF -

PETITIONER DATED 23.03.2022 IN O.S.NO.511/2011,

3

O.S.NO.87/2011 AND O.S.NO.519/2011 BY THE IV ADDL.

SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,

BENGALURU,

REJECTING

APPLICATIONS

FOR

AMENDMENT VIDE ANNEXURE-A AND ETC.,

THIS WRIT PETITION NO.10199/2022 IS FILED

PRAYING TO QUASH THE ORDER PASSED ON I.A.NO.16

FILED UNDER ORDER 14 RULE 2 READ WITH SECTION 151

OF THE CODE OF CIVIL PROCEDURE FILED BY THE

DEFENDANT

-

RESPONDENT

DATED

23.03.2022

IN

O.S.NO.519/2011 BY THE IV ADDL. SENIOR CIVIL JUDGE,

BENGALURU

RURAL

DISTRICT,

BENGALURU

(ANNEXURE-A) AND ETC.,

THIS WRIT PETITION NO.10346/2022 IS FILED

PRAYING TO QUASH THE ORDER PASSED ON I.A.NO.16

FILED UNDER ORDER 14 RULE 2 READ WITH SECTION 151

OF THE CODE OF CIVIL PROCEDURE FILED BY THE

DEFENDANT

-

RESPONDENT

DATED

23.03.2022

IN

O.S.NO.517/2011 BY THE IV ADDL. SENIOR CIVIL JUDGE,

BENGALURU RURAL DISTRICT, BENGALURU AS PER

ANNEXURE-A AND FOR SUCH OTHER ORDER, DIRECTION

AND DECLARATION AS THIS HONBLE COURT AND ETC.,

THESE WRIT PETITIONS COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

COMMON ORDER

These

captioned

writ

petitions

are

filed

questioning the common order passed by the learned

Judge on I.A.Nos.16 and 17. I.A.No.16 was filed by

4

the respondent 3 defendant requesting the Court to

treat the issue relating to the resjudicata as a

preliminary issue and relegate both the parties to lead

evidence on this issue. I.A.No.17 was filed by the

petitioner 3 plaintiff seeking amendment of the plaint

and by way of proposed amendment, the petitioner 3

plaintiff now intends to set up a plea of adverse

possession. The learned Judge has allowed I.A.No.16

and has dismissed I.A.No.17. The petitioner 3 plaintiff

has questioned these common orders.

2. The present petitioner 3 plaintiff has

instituted suits for declaration and injunction in

O.S.No.511/2011,

O.S.No.517/2011

and

O.S.No.519/2011. The petitioner 3 plaintiff claims that

suit schedule property bearing Sy. No.5/1 measuring

1 acre 19 guntas including 1 gunta karab land situated

at Halanayakanahalli Village, Varthur Hobli, Bengaluru

South Taluk now Bengaluru East Taluk, Sy. No.3/1

5

measuring 5 acres 28 guntas including 9 guntas karab

situated at Dodda Kannelli Village, Varthur Hobli,

Bengaluru South Taluk, now in Bengaluru East Taluk

and Sy. No.33/4 measuring 3 acres 33 guntas situated

at Chikka Kannelli Village, Varthur Hobli, Bengaluru

South Taluk, now in Bengaluru East Taluk are all

ancestral properties of the petitioner9s family. At para

No.2 of the plaint, the petitioner 3 plaintiff specifically

contended that the suit schedule properties were

originally owned by grate paternal grand father of the

plaintiff namely Nanjundappa. It is further specifically

pleaded that during the life time of plaintiff9s grand

father, there was an oral family arrangements in the

family and after his death, plaintiff's father inherited

the suit schedule property and the suit schedule

property bearing Sy. No.5/1 measuring 1 acre 19

guntas was allotted to the plaintiff9s father9s share and

on these set of pleadings, the petitioner 3 plaintiff

6

asserts title and also claims possession over the suit

schedule properties.

3.

On

receipt

of

summons,

the

present

respondent 3 defendant has tendered appearance and

has contested the suit by filing written statement.

The respondent 3 defendant has stoutly denied the

entire averments made in the plaint. At para