V. SRINIVAS Vs. V. VARADARAJU AND OTHERS

JUDGEMENT

(1.) IN this civil petition filed under Section 24 of CPC, petitioner is seeking a direction to withdraw O.S. No. 4/2005 filed by respondent No. l herein pending on the file of Civil Judge (Jr. Dn.), Kanakapura, and transfer the same to the Court of the Additional City Civil Judge, Bangalore City, to be tried along with O.S. No. 753/2007 filed by the petitioner.

(2.) BOTH the suits are filed seeking partition and separate possession of the joint family properties. Petitioner and respondent Nos. 1, 3 and 4 allegedly constitute members of the family entitled for share in the joint family properties. The other respondents who are arrayed as parties to this petition are not the co -sharers.

(3.) AFTER a lapse of two years from the date of filing of the suit by respondent No. 1, petitioner has filed another suit in O.S. No. 753/2007 on the file of the Additional City Civil Judge, Bangalore, including all the properties which are the subject matter of suit schedule property in O.S. No. 4/2005 and also all the properties which are the subject matter of counter claim filed by the petitioner in the said suit. It is necessary to notice here that as submitted by the Counsel for respondent No. l, the later suit is stayed by the Court in view of the pendency of the earlier suit in O.S. No. 4/2005.