Allowed

Smt. Shilpa W/O Irappa Hosamani v. Smt. Shankramma W/O Chanabasappa Hosamani

Karnataka HC14 Jun 2022CP/100041/2022

Case brief

AI extract

What is this about?

High Court transferred O.S.No.192/2021 from Civil Judge Savanur to Senior Civil Judge Kundagol under CPC Sec.24. Transfer ensured clubbing pending suits involving parties residing in same village for common judicial disposal.

What did the court decide?

Transfer of O.S.No.192/2021 from Civil Judge, JMFC Savanur to Senior Civil Judge, JMFC Kundagol for clubbing with O.S.No.88/2021 and common disposal ordered.

Smt. Shilpa W/O Irappa Hosamani Vs Smt. Shankramma W/O… — Partition | Karnataka HC (2022)

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CP No. 100041 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14TH DAY OF JUNE, 2022

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BEFORE

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THE HON'BLE MR JUSTICE R.DEVDAS

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CIVIL PETITION NO. 100041 OF 2022

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BETWEEN:

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Digitallysigned by JMAMATHA
JMAMATHA Location:DharwadDate:2022.06.1811:46:49+0530

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SMT. SHILPA W/O IRAPPA HOSAMANI, AGE 30 YEARS, OCC.-AGRI AND HOUSEHOLD, R/AT ARALIKATTI, TQ.- HUBBALLI, R/AT C/O. MALLAVVA CHANABASAPPA KUNDGOL, R/AT JAKINKATTI, TQ.- SAVANUR.

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RENUKA D/O. IRAPPA HOSAMANI, AGE 11 YEARS, OCC. -STUDENT, R/AT ARALIKATTI, TQ.- HUBBALLI, R/AT C/O. MALLAVVA CHANABASAPPA KUNDGOL, R/AT JAKINKATTI, TQ SAVANUR.

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VAIBAVI D/O. IRAPPA HOSAMANI, AGE 06 YEARS, OCC.- STUDENT, R/AT ARALIKATTI, TQ.- HUBBALLI, R/AT C/O. MALLAVVA CHANABASAPPA KUNDGOL, R/AT JAKINKATTI, TQ.- SAVANUR, DIST-HAVERI-581 118.

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SMT RATNAVVA CALLING HERSELF AS W/O. YALLAPPA HOSAMANI AGE 48 YEARS, OCC.-AGRI. AND HOUSEHOLD, R/O.ARALIKATTI, TQ.- HUBBALLI, DIST.-HUBBALLI-581 207.

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SMT. BASAVANNEVVA W/O. OMAKARAPPA JAVALI, D/O.YALLAPPA HOSMANI, AGE 23 YEARS, OCC.-AGRI AND HOUSEHOLD, R/O ARALIKATTI, TQ.- HUBBALLI, DIST DHARWAD-581207.

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…PETITIONERS

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(BY SRI GOURISHANKAR H. MOT, ADVOCATE)

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CP No. 100041 of 2022

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AND:

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SMT. SHANKRAMMA W/O CHANABASAPPA HOSAMANI, AGE 32 YEARS, OCC.-AGRI. AND HOUSEHOLD, R/O ARALIKATTI, TQ.- HUBBALLI, DIST DHARWAD-581 207.

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SMT. KARABASAVVA W/O. YALLAPPA HOSAMANI, AGE 58 YEARS, OCC.-AGRI. AND HOUSEHOLD, R/AT ARALIKATTI, TQ.- HUBBALLI, DIST DHARWAD-581 207.

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SHARANAPPA S/O.YALLAPPA HOSAMANI, AGE 38 YEARS, OCC.-AGRICULTURE, R/AT ARALIKATTI, TQ.- HUBBALLI, DIST. DHARWAD-581207.

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GURUSIDAPPA S/O.VEERAPPA HOSAMANI, AGE 55 YEARS, OCC.-AGRICULTURE, R/OL ARALIKATTI, TQ.- HUBBALLI, NOW R/AT HANCHINA HALLI,

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TQ.- KUNDAGOL, DIST-DHARWAD-581 113.

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…RESPONDENTS (BY SRI VISHWANATH S.BICHAGATTI AND SRI P.C.SAJJANAR, ADVOCATES FOR RESPONDENT NOS.1 TO 3)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE O.S.NO.192/2021 PENDING ON THE FILE OF HON’BLE CIVIL JUDGE AND JMFC, AT SAVANUR TO THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, AT KUNDGOL IN WHICH O.S.NO.88 OF 2021 IS PENDING FOR ADJUDICATION AND TO CLUB THE SAME AND DISPOSE OF THE MATTER SIMULTANEOUSLY IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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CP No. 100041 of 2022

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ORDER

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R.DEVDAS J., (ORAL):

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This civil petition is filed under Section 24 of the Code of Civil Procedure by five petitioners seeking transfer of O.S.No.192/2021 pending on the file of learned Civil Judge and JMFC at Savanur to the Court of the learned Senior Civil Judge and JMFC at Kundagol to be heard along with O.S.No.88/2021.

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Learned counsel for the petitioners submits that both the suits are filed seeking a decree of partition and separate possession. However, the suit filed by the respondent Nos.1 to 3 in O.S.No.192/2021 is pending before the learned Civil Judge and JMFC at Savanur, while the suit filed by the 4^th respondent in O.S.No.88/2021 is pending before the learned Senior Civil Judge and JMFC at Kundagol. It is submitted that all the respondents are residing at Aralikatti village, Kundagol and even the petitioners are residing at Aralikatti village, Kundagol. Therefore, the petitioners are seeking transfer of O.S.No.192/2021 from the Court of the Civil Judge and

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CP No. 100041 of 2022

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JMFC at Savanur to the Court of the Senior Civil Judge and JMFC at Kundagol to consider the same along with O.S.No.88/2021.

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Learned counsel for the respondents, on the other hand contends while taking this Court to memorandum of civil petition that the grounds on which the transfer of the suit is sought is that it would be difficult for the petitioners to travel from Aralikatti village to Savanur. It is submitted that the distance between Aralikatti to Savanur is about 45 kms. and traveling that distance will not be a difficulty for petitioners.

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Having heard the learned counsels and on perusing the petition, this Court finds that when all the parties to these proceedings are residing at Aralikatti village situated in Kundagol Taluka, the parties need not be made to travel from Aralikatti to Savanur, while the suit filed at the hands of the 4^th respondent is pending consideration at Kundagol in O.S.No.88/2021. Moreover, the provisions contained in Section 24 of C.P.C. also

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CP No. 100041 of 2022

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empowers the Senior Civil Judge to consider a case of a lesser jurisdiction that is the Court of Civil Judge and the contrary is not permissible.

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Viewed from any angle the petitioners’ case seeking transfer of O.S.No.192/2021 from the file of Civil Judge and JMFC at Savanur to the Court of Kundagol is well merited.

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Consequently, the petition is allowed and O.S.No.192/2021 is hereby transferred from the Court of

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Civil Judge and JMFC at Savanur to the Court of Senior Civil Judge and JMFC at Kundagol to hear the same along with O.S.No.88/2021.

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Registry is directed to convey the order to the learned Civil Judge and JMFC at Savanur and ensure that the papers in O.S.No.192/2021 is transmitted to the Court

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of Senior Civil Judge and JMFC, Kundagol forthwith.

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Sd/JUDGE

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CKK

Smt. Shilpa W/O Irappa Hosamani v. Smt. Shankramma W/O Chanabasappa Hosamani

Case brief

What is this about?

What did the court decide?

Smt. Shilpa W/O Irappa Hosamani v. Smt. Shankramma W/O Chanabasappa Hosamani

Case brief

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What did the court decide?

What the court decided

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