SHRI A B SIDDANAGOUDA S/O A B MARULANAGOUDA vs SHRI A B MALLIKARJUNAGOUDA S/O LATE A B MARULANAGOUDA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 30 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 105657 OF 2026 (GM-CPC)

BETWEEN:

SHRI A. B. SIDDANAGOUDA S/O A. B. MARULANAGOUDA,
AGE. 63 YEARS, OCC .LECTURER,
R/O. PLOT NO. 34, SECTOR NO. 63,
SARASWATI BADAVANE, NAVANAGAR,
BAGALKOT TOWN, TQ. AND DIST. BAGALKOT.



…PETITIONER
(BY SRI. U. J. HAVALDAR, ADVOCATE)

AND:



1. SHRI. A.B. MALLIKARJUNAGOUDA S/O LATE A.B.
MARULANAGOUDA,
AGE.: 72 YEARS, OCC.: DOCUMENT WRITER,
R/O.: ARISIKERI VILLAGE, TALUK. HARAPANAHALLI,
DIST.: BELLARI - 583 125.

2. SMT. A.B. MANGALA W/O LATE LOHEITESHWARGOUDA,
AGE.: 47 YEARS, OCC.: HOUSEHOLD,
R/O. 4TH WARD, ARISIKERI VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

3. SMT. MEGHA I.N D/O LATE SMT. A.B. GEETHA BAI,
AGE.: 43 YEARS, OCC.: HOUSEHOLD WORK,
R/O. DOOR NO. 304, JANAJEEVA CASTLE,
NEAR NCBS, CANARA BANK LAYOUT,
VIRUPAKSHAPURA, VIDYARANYAPURA,
BENGALURU - 560 097.

4. SMT. SHWETHA NEGALUR D/O LATE SMT. A.B. GEETHA BAI,
AGE.: 41 YEARS, OCC.: HOUSEHOLD WORK,
R/O. DOOR NO. 304, JANAJEEVA CASTLE,
NEAR NCBS, CANARA BANK LAYOUT,
VIRUPAKSHAPURA, VIDYARANYAPURA,
BENGALURU - 560 097.







Digitally signed
by SAROJA
HANGARAKI
Location: high
court of
karnataka,
dharwad bench

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5. SHRI. AKASH NEGALUR S/O LATE SMT. A.B. GEETHA BAI,
AGE.: 32 YEARS, OCC.: PRIVATE SERVICE,
R/O DOOR NO. 358/280/34, 1ST MAIN,
2ND CROSS, BEHIND KRISHI VIGYAN KENDRA,
VINAYAKA BADAVANE, VIDYA NAGAR,
DAVANGERE - 577 005.

6. SMT. A.B. PARIJATHA
W/O LATE, SHRI. CHANDRASHEKARAPPA B.C,
AGE.: 66 YEARS, OCC.: RETIRED,
R/O. IGOOR VILLAGE,
TQ AND DIST DAVANGERE - 577 512.

7. SMT. A.B. RATHNAMMA W/O SHRI. KARIBASAPPA JAMBAGI,
AGE.: 60 YEARS, OCC.: RETIRED,
R/O. KHB COLONY, MAGODU ROAD,
RANNEBENNUR TOWN,
TQ. RANNEBENNUR, DIST. HAVERI - 581 115.

8. SMT. A.B. BHARATHI W/O SHRI. SHANTHAPPA ANGADI,
AGE.: 53 YEARS, OCC.: HOUSEHOLD WORK,
R/O. VINAYAKA BADAVANE, VIDYANAGAR,
TQ AND DIST.: DAVANGERE - 577 005.

9. SMT. A.B. SUMANGALAMMA W/O LATE A.B.
CHANDRASHEKARA GOWDA, AGE.: 54 YEARS, OCC.: COOK,
R/O. ARISIKERI VILLAGE, TALUK. HARAPANAHALLI,
DIST.: BELLARI - 583 125.

10. SHRI. A.B. BHARATH GOWDA S/O LATE A.B.
CHANDRASHEKARA GOWDA,
AGE.: 32 YEARS, OCC.: SERVICE,
R/O. ARISIKERI VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

11. SHRI. A.B. REVANASIDDANA GOWDA
S/O LATE A.B. CHANDRASHEKARA GOWDA,
AGE.: 30 YEARS, OCC.: SERVICE,
R/O. ARISIKERI VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

12. SHRI. A.B. CHIDANANDANA GOWDA S/O LATE A.B.
MARULANAGOUDA,
AGE.: 61 YEARS, OCC.: AGRICULTURE,

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R/O.: ARISIKERI VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

13. SHRI. THANUSH GOWDA
S/O LATE A.B. LOHITESHWARA GOWDA,
AGE.: 5 YEARS, OCC.: STUDENT,
R/O.: ARISIKERI VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.
SINCE MINOR REPRESENTED BY
SMT. A.B. MANGALA W/O LATE LOHEITESHWARGOUDA,
AGE.: 47 YEARS, OCC.: HOUSEHOLD,
R/O. 4TH WARD, ARISIKERI VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

14. SMT. SHARADHAMMA W/O LATE SHRI. GURUPADANA GOWDA,
AGE.: 36 YEARS, OCC.: HOUSEHOLD,
R/O. THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

15. SHRI. VARUNA S/O LATE SHRI. GURUPADANA GOWDA,
AGE.: 11 YEARS, OCC.: STUDENT,
R/O. THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

16. SHRI. VISHWANATHA S/O LATE SHRI. GURUPADANA GOWDA,
AGE.: 09 YEARS, OCC.: STUDENT,
R/O THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.
SINCE RESPONDENTS NO. 15 AND 16 ARE MINORS
THEY ARE REPRESENTED BY THEIR NATURAL GUARDIAN
MOTHER
RESPONDENT NO.14.
SMT. SHARADHAMMA W/O LATE SHRI. GURUPADANA GOWDA,
AGE.: 36 YEARS, OCC.: HOUSEHOLD,
R/O THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

17. SHRI. VIRUPAKSHA GOWDA S/O LATE VAMANA GOWDA PATIL,
AGE.: 44 YEARS, OCC.: AGRICULTURE,
R/O THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

18. KUMAR. P. HARISH GOWDA S/O LATE.SHRI. RAJANA GOWDA,
AGE.: 16 YEARS, OCC.: STUDENT,

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R/O THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.
SINCE MINOR REPRESENTED BY
SMT. SHARADAMMA W/O LATE SHRI. GURUPADANNA GOWDA,
R/O THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

19. SHRI. MAHESH GOWDA S/O LATE VAMANA GOWDA PATIL,
AGE.: 38 YEARS, OCC.: AGRICULTURE,
R/O THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI - 583 125.

20. SMT. AMRUTHAMMA W/O SHRI. CHIDANANDA GOWDA,
AGE.: 56 YEARS, OCC.: AGRICULTURE,
R/O THOUDOOR VILLAGE, TALUK HARAPANAHALLI,
DIST.: BELLARI 583 125.

21. SMT. REKHAMMA W/O SHRI. MANJUNATHA,
AGE.: 30 YEARS, OCC.: AGRICULTURE,
R/O. KHB COLONY, HARAPANAHALLI TOWN, TALUK
HARAPANAHALLI,
DIST.: BELLARI - 583 131.
…RESPONDENTS
(BY SRI. BASAVANAGOUDA T. ADVOCATE FOR R3, R4 AND R5;
SRI. J. S. SHETTY, ADVOCATE FOR R6 TO R8;
NOTICE TO R2, R5, R8, R12, R19 AND R20 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 28/04/2026 PASSED BY THE LEARNED SENIOR CIVIL
JUDGE AND JMFC, HARAPANAHALLI IN O.S. NO.8/2021 ON I.A.
NO.III, VIDE ANNEXURE-A AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL




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ORAL ORDER

1. This petition is filed by plaintiff No.1 in O.S.No.8/2021,
who is also defendant No.3 in O.S.No.130/2022, being
aggrieved by rejection of an application to club both the
suit and to conduct a common trial. The aforesaid suits
have been filed for partition and separate possession of
various landed properties. The properties, which are
subject matter of the aforesaid suits, originally belonged to
one A.B.Marulanagouda, who died leaving behind two
wives namely,Smt.Gangamma, the first wife and
Smt.Channamma the second wife and their respective
children.

2. Petitioner herein claims to be the son of said A.B.
Marulanagouda through his second wife Smt.Channamma.

3. Learned counsel for the petitioner submits that there was a
partition during the lifetime of A.B.Marulanagouda, in
terms of which his properties were divided between his
aforesaid two wives and their respective children. Suit in
O.S.No.8/2021 has been filed by petitioner herein for
partition and separate possession of the share which was

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allotted to the branch of Smt.Channamma, in which first
wife and her children are not parties.

4. Learned counsel for the petitioner further submits that the
suit in O.S.No.130/2022 has been filed by the children of
first wife of A.B.Marulanagouda, in respect of all the
properties which are already partitioned.

5. It is under these circumstances, the petitioner herein filed
an application for clubbing of both the suits and for
determination of the suits by way of a common trial and
disposal, which has been rejected by the trial Court. Being
aggrieved, the present petition.

6. Learned counsel for the petitioner submits that, in the light
of the fact that the suit properties admittedly belong to
A.B.Marulanagouda and that the parties in the both the
suits are the legal heirs of said A.B.Marulanagouda,
common evidence ought to have been recorded for
analogous disposal of the suit. He submits that by the
impugned order, the trial Court however has declined to
accept this aspect of the matter even while direction
simultaneous trying of both the suits and disposal to avoid

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the conflicting decision. He further submits that
simultaneous trial of the suits requires evidence to be led
on two occasions, which could have been avoided. Hence,
the petition.

7. Learned counsel for the respondent, on the other hand,
submits that the parties in the O.S.No.8/2021 are only the
children of the second wife of the deceased
A.B.Marulanagouda, whereas the parties in
O.S.No.130/2022 are the children of both the wives of
A.B.Marulanagouda. The causes of action in both the suits
being different, he submits that the trial Court has
committed no error in directing simultaneous trial and
disposal of both the suits. Hence, seeks for dismissal of
petition.

8. Heard. Perused the records.

9. The fact remains that the cause of action in the suit in
O.S.No.8/2021 is restricted to the claims between the
children of A.B.Marulanagouda from his second wife alone.
There is neither any claim nor any dispute raised in the
said suit by the children of A.B.Marulanagouda through his

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first wife. Therefore, the scope of the said suit is restricted
to the rights of the parties, namely the children of second
wife A.B.Marulanagouda alone.

10. As regard the suit in O.S.No.130/2022 is concerned
children of both wives of A.B.Marulanagouda are parties
and a larger cause of action is involved to be determined.
Merely because the subject matter of both the suits is
substantially common cannot be a ground for a common
trial. What needs to be looked at is the issues which are
involved in both the suits. The issues in O.S.No.8/2021 are
restricted to the claims of the children of
A.B.Marulanagouda through his second wife alone,
whereas the issue of controversy involved in
O.S.No.130/2022 is larger, which involves claims and
counter claims between the children of both the wives of
A.B.Marulanagouda. In that view of the matter, the order
passed by the trial Court cannot be found fault with.

11. Since the trial Court has directed both the suits to be tried
together simultaneously and the judgments would also be
passed simultaneously, the same would not only avoid the

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precious judicial time and would also avoid any possible
confusion in appreciating the facts in issue involved in both
the suits.

12. Therefore, no error or illegality can be found in the order.
Accordingly, the petition stands disposed of .

Sd/-
(M.G.S. KAMAL)
JUDGE


RHR/CT:SD
LIST NO.: 1 SL NO.: 16