RUDRAPPA Vs. M.R. SHIVARUDRAIAH AND ORS.

JUDGEMENT

(1.) This revision petition is filed challenging the order dated 24.03.2015 passed by the Principal City Civil and Sessions Judge, Bengaluru, allowing the application filed by the respondents herein under Sec. 24 of Code of Civil Procedure and withdrawing O.S. No. 1209/2009 pending on the file of City Civil Court Hall No. 39 and transferring the same to Court Hall No. 14 for disposal in accordance with law.

(2.) Petitioner herein is the plaintiff in O.S. No. 1209/2009. Said suit is filed by the present petitioner seeking partition and separate possession of suit schedule property against respondent Nos. 1 to 4 herein. Respondent No. 3 herein has filed another suit in O.S. No. 3773/2009 against respondent No. 4 seeking partition and separate possession of the suit schedule property therein. These two suits have been ordered to be clubbed and heard together by a consent order passed on 16.01.2012. There was one more suit for ejectment filed by the first respondent against second respondent herein in O.S. No. 4177/2009. At the instance of the petitioner herein/plaintiff in O.S. No. 1209/2009, the said suit was also ordered to be clubbed and heard together with the other two suits. This was challenged by the first respondent in CRP No. 355/2012. By order dated 11.03.2013 the revision petition was allowed and the order passed directing clubbing of O.S. No. 4177/2009 vide order dated 21.04.2012, was set aside. Thereafter, the two suits in O.S. No. 1209/2009 and O.S. No. 3773/2009 have continued to be heard together.

(3.) Issues have been framed and the two cases are set down for evidence. At this stage, respondent/defendant No. 1 in O.S. No. 1209/2009 has moved the application before the Principal District Judge seeking transfer of the case from Court Hall No. 39 to another Court.