Allowed

Shri. Shrishail @ Shrishailappa v. Smt. Basavva

Karnataka HC14 Oct 2019CP/100033/2018

Case brief

AI extract

What is this about?

The Court allowed a transfer petition filed under Section 24 of CPC. It ordered the transfer of regular appeal R.A. No.133 of 2017 from the Principal District and Sessions Judge, Belagavi to the High Court to be heard alongside RFA No.100116 of 2017.

What did the court decide?

Transfer of R.A. No.133 of 2017 from Principal District and Sessions Judge, Belagavi to the High Court and directions to list it jointly with RFA No.100116 of 2017.

Shri. Shrishail @ Shrishailappa Vs Smt. Basavva — Execution and Attachment | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF OCTOBER 2019

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD CIVIL PETITION No.100033 OF 2018 (TRANSFER)

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BETWEEN:

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SHRI. SHRISHAIL @ SHRISHAILAPPA S/O CHANNAMALLAPPA GADAG AGE:72 YEARS, OCC:AGRICULTURE, R/O:NAGANUR, TQ:BAILAHONGAL, DIST:BELAGAVI-591102 (By Sri. SHIVRAJ S.BALLOLI, ADVOCATE)

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... PETITIONER

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AND:

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SMT. BASAVVA W/O BASAPPA GADAG, AGE 63 YRS., OCC: HOUSEHOLD WORK R/O MUTWAD VILLAGE, TQ. SAUNDATTI DIST. BELAGAVI 591 121

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SHRI SHIDDARAMAPPA S/O CHANNAMALLAPPA GADAG AGE:65 YRS, OCC:TEACHER (RTD.), R/O.MRUTHYUNJAY NAGAR, 2ND CROSS, TAL:BAILHONGAL-591102 DIST:BELAGAVI

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SHRI MALLIKARJUN S/O CHANNAMALLAPPA GADAG AGE 63 YRS, OCC:ADVOCATE, R/O.NAGANUR, TQ:BAILAHONGAL,

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DIST:BELAGAVI-591102

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SHRI ASHOK S/O GURUBASAPPA GADAG AGE:52, OCC:AGRICULTURE & GOVT.SERVICE, R/O.NAGANUR, TQ:BAILAHONGAL, DIST:BELAGAVI-591102

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THE STATE OF KARNATAKA REPRESENTED BY THE DEPUTY COMMISSIONER, BELAGAVI, TQ & DIST:BELAGAVI 590001

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THE TAHSILDAR, BAILAHONGAL TQ:BAILHONGAL-591102

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... RESPONDENTS

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(By Sri. S.M. KULKARNI, ADVOCATE FOR R4. RESPONDENT Nos.1, 2, 3, 5 AND 6 ARE SERVED.)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE REGULAR APPEAL PENDING IN R.A. NO.133 OF 2017 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BELAGAVI TO THIS HON’BLE HIGH COURT OF KARNATAKA, DHARWAD AND MAY PLEASED TO HEAR R.A.NO.133 OF 2017 ALONG WITH RFA NO.100116 OF 2017.

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THIS CIVIL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this instant petition, the petitioner has sought for transfer of R.A. No.133 of 2017 on the file of the Principal District and Sessions Judge, Belagavi to this Court and to hear R.A.133 of 2017 along with RFA No.100116 of 2017.

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Learned counsel for the petitioner submitted

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that there were 3 suits namely O.S. No.97 of 2015, 96 of 2015 and 48 of 2012 and the issues involved in all the 3 suits are identical and common evidence was recorded in O.S. No.48 of 2012. He further submits that this Court in

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CP No.100119 of 2017 has passed an order for withdrawal of R.A. No.128 of 2017 on the file of the Principal District and Sessions Judge, Belagavi and transferred the same to this Court and clubbed along with RFA 100116 of 2017. Therefore, he submits that in the interest of justice and to avoid conflicting judgment, R.A. No.133 of 2017 on the file of the Principal District and Sessions Judge, Belgavi may be withdrawn and transfer the same to this Court to hear the same along with RFA No.100116 of 2017.

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In view of the above, the petition is allowed

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and the Principal District and Sessions Judge, Belagavi, is hereby directed to transfer R.A. No.133 of 2017 to the Registry of this Court.

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The Registry of this Court is hereby directed to

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list R.A. No.133 of 2017 along with RFA No.100116 of

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Sd/JUDGE

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Kmv

Shri. Shrishail @ Shrishailappa v. Smt. Basavva

Case brief

What is this about?

What did the court decide?

Shri. Shrishail @ Shrishailappa v. Smt. Basavva

Case brief

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