Civil petition filed under Section 24 of CPC, 1908 seeking transfer of a matter to another court was dismissed as the underlying suit was being withdrawn, rendering the petition infructuous.
Petition dismissed as infructuous with liberty to revive if proceedings in underlying suit are revived.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2021 BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL PETITION No.333/2019
Between:
Smt. Roopa N D/o Late K. Nagaraju Wife of R.S.Venubalaji Aged about 29 years Residing at No.5451, 2nd Cross Thyagaraja Colony Nanjangud Town Mysore-571301.
… Petitioner
(By Sri. B.Sharath Kumar, Advocate)
And:
R.S.Venubalaji Son of Late R.Sadashivaiah Aged 36 years Residing at No.22, Ashraya Layout Behind B.E.L. Layout, 2nd Stage, Bharathinagar, Bangalore-560091. … Respondent
(By Sri. Dayanand Hiremath, Advocate )
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This Civil Petition is filed Under Sec.24 of CPC, 1908, praying to Transfer the M.C.No. 3955/2019 pending on the file of the Hon’ble III Additional Prl.Judge, Family Court, Bangalore, Bangalore North, Bangalore to the Senior Civil Judge and JMFC, at Nanjangud and etc.,
This Civil Petition coming on for admission this day, the Court made the following:
ORDER
When the matter is taken up, learned counsel for the respondent who is the petitioner in M.C.No.3955/2019 filed seeking an order of judicial separation pending on the file of the Principal Judge, Family Court, Bengaluru City submits that they intend to withdraw M.C.No.3955/2019.
out and the proceedings in M.C.No.3955/2019 are
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revived for any other reason, liberty to revive the petition is reserved.
Sd/-
JUDGE
NS
3 issues framed by the court
Whether the petition for transfer under Section 24 of CPC, 1908 should be allowed or dismissed as infructuous given that the undermentioned matter is being withdrawn.
Whether liberty to revive the petition should be granted in case proceedings are revived for any reason.
Whether the prayer for transfer survives for consideration in light of the withdrawal of the underlying suit.
1 provisions across 1 enactments
Smt. Roopa N
R.S. Venubalaji
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court