In a significant ruling on June 10, 2025, Justice M. Nagaprasanna of the Karnataka High Court dismissed a belated attemptto stall a 19-year-old title suit by invoking Section 10 CPC, terming it a clear abuse of process.
The petitioner had moved for a stay of proceedings in O.S. No. 9897/2006, citing a prior suit from 2004—but the Court found the suits involved differentparties, properties, and causes of action.
Calling the delay “casting a pebble in a river long past its source,” the Court imposed ₹ 50,000 in costs and ordered the trialcourt to conclude proceedings within two months. The judgment reinforces the strict conditions under Section 10—same parties, subject matter, and cause of action—and sets a strong precedent against delay tactics in civil litigation.
Advocate Angad Kamath, appearing for the respondents, successfully established the distinction between the suits andhighlighted the petitioner’s contradictoryplea for clubbing under Section 24 CPC.
Senior Counsel Nalina B Mayegowda appeared for the petitioner/ defendant
By Harshith Gowda,
Email: harsh.cric16@gmail.com