In Civil Petition No. 163/2017, the petitioner sought transfer of MC No. 111/2017 from the Family Court, Shimoga, to the Family Court, Bengaluru, under Section 24 CPC. The court dismissed the petition as infructuous since the underlying proceedings were disposed of by compromise.
Petition dismissed as infructuous due to compromise of MC No. 111/2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL PETITION No.163/2017
BETWEEN:
SMT. S. RASHMI W/O. VINAY. B.J., D/O. SHIVANNA, AGED ABOUT 30 YEARS, OCC-SERVICE, AT PRESENT RESIDENT OF H. NO.4320-16, 1ST CROSS, "A" BLOCK, 13TH MAIN ROAD, RAJAJINAGAR, BANGALORE - 560 010. ... PETITIONER (BY SRI. S R SHINDE, ADVOCATE)
AND:
SHRI. VINAY B. J. S/O. JAVARAIAH, AGED ABOUT 30 YEARS, OCC-SERVICE, WORKING AS MECHANICAL ENGINEER AT TEREX INDIA PRIVATE LTD., NO.94, 5TH FLOOR, ELECTRONIC CITY, 2ND PHASE, BANGALORE - 560 100. ALSO AT "BHOOMIKA NILAYA", 4TH A CROSS, VIDYA NAGAR, SHIMOGA CITY. ... RESPONDENT (BY SMT. KAVYASHREE G.S., ADVOCATE)
2
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE MC NO.111/2017 ON THE FILE OF JUDGE, FAMILY COURT, SHIMOGA TO THE COURT OF THE FAMILY COURT, BENGALURU.
THIS CIVIL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
It is noticed that M.C.No.111/2017 transfer of which proceedings has been sought for, has been disposed off as compromised as noted from the case details obtained from the website. In light of the same, petition is dismissed as having become infructuous and as not calling for any further adjudication.
Sd/JUDGE
VP
1 issue framed by the court
Whether the transfer petition under Section 24 CPC is maintainable when the underlying matter is disposed of by compromise.
1 provisions across 1 enactments
Smt. S. Rashmi
Shri. Vinay B. J.
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court