Allowed

Sharada W/O.Babusingh Rajaputh v. Sumangalabai W/O Lavasingh Hajeri

Karnataka HC7 Apr 2022CP/100172/2021

Case brief

AI extract

What is this about?

The High Court, Dharwad Bench, transferred two civil suits from different jurisdictions to the Senior Civil Judge and JMFC, Kalghatagi, to adjudicate them along with a pending suit (O.S. No.56/2020) in the interest of justice.

What did the court decide?

Transfer of O.S. No.64/2019 and O.S. No.196/2019 from Civil Judge Mundgod and Civil Judge Kalghatagi respectively to Senior Civil Judge Kalghatagi.

Sharada W/O.Babusingh Rajaputh Vs… — Civil Procedure and Limitation | Karnataka HC (2022)

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CP No. 100172 of 2021 C/W CP No. 100119 of 2021

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 07TH DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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CIVIL PETITION NO. 100172 OF 2021

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C/W

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CIVIL PETITION NO. 100119 OF 2021

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CIVIL PETITION NO.100172/2021

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BETWEEN:

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SHARADA W/O.BABUSINGH RAJAPUTH AGE 69 YEARS, OCC-HOUSEHOLD AND AGRL R/O SAVARDA, GOA-415606

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SARASWATI W/O BHIMSINGH HIRULAL AGED ABOUT 64 YEARS, OCC-AGRICULTURE R/O JAYANAGAR, SHIGGAON TQ-SHIGGAON

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DIST - HAVERI-581205

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(BY SRI. SHIVASAI M PATIL, ADVOCATE)

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AND:

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SUMANGALABAI W/O LAVASINGH HAJERI AGED ABOUT 67 YEARS, OCC-HOUSEHOLD, R/O HANUMANTHA NAGAR UNAKAL HUBBALLI-580031

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KALYANSINGH S/O LAVASINGH HAJERI AGED ABOUT 44 YEARS, R/O BAMMIGATTI

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…PETITIONERS

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CP No. 100172 of 2021 C/W CP No. 100119 of 2021

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TQ-KALAGHATAGI-581204

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…RESPONDENTS

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(SRI. V.G.BHAT AND SRI. S.A.SANGTI, ADVOCATES FOR R1 & R2)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO KINDLY TRANSFER O.S.NO.64/2019 ON THE FILE OF THE CIVIL JUDGE AND JMFC MUNDGOD TO SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KALGHATAGI, WHEREIN THE O.S.NO.56/2020 SUIT IS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC KALGHATAGI, IN THE INTEREST AND EQUITY, ETC.,

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CIVIL PETITION NO.100119/2021

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BETWEEN:

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KALYANSINGH S/O. LAVASINGH HAJERI, AGE 45 YEARS, OCC: NIL, R/O. BAMMIGATTI, TQ. KALAGHATAGI

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…PETITIONER

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(BY SRI. V.G.BHAT, ADVOCATE)

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AND:

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SHARADA W/O. BABUSINGH RAJAPUTH, AGE 70 YEARS, OCC: HOUSEHOLD AND AGRI, R/O. SAVARDA, GOA

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SARASWATI W/O. BHINSINGH HIRULAL, AGE 65 YEARS, OCC: AGRICULTURE, R/O. JAYANAGAR, BEHIND NEW BUS STAND, SHIGGAON, TQ. SHIGGAON, DIST. HAVERI.

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SUMANGALBAI W/O. LAVASINGH HAJERI, AGE 67 YEARS, OCC: HOUSEHOLD, R/O. HANUMANTHA NAGAR, UNAKAL, HUBBALLI

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…RESPONDENTS

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(SRI. SHIVASAI M. PATIL, ADVOCATE FOR RESPONDENTS)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO KINDLY TRANSFER O.S.NO.64/2019 PENDING ON THE FILE OF PRL. CIVIL JUDGE, MUNDAGOD AND ALSO O.SNO.196/2019 PENDING ON THE FILE OF PRL. CIVIL JUDGE, KALGHATAGI AND TRANSFER THESE TWO SUITS TO THE COURT OF PRL. SENIOR CIVIL JUDGE,

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CP No. 100172 of 2021 C/W CP No. 100119 of 2021

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KALGHATAGI SO AS TO ADJUDICATE THE TRANSFERRED SUITS ALONG WITH PENDING SUIT BEARING O.S.NO.56/2020.

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THESE PETITIONS COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri. V.G.Bhat, learned counsel appearing for the respondents in C.P.No.100172/2021 submits that, he has no objection to allow C.P.No.100172/2021.

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Sri. Shivasai M. Patil, learned counsel accepts notice for respondents in C.P.No.100119/2021, submits that, he has no objection for allowing C.P.No.100119/2021.

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C.P.No.100172/2021 has been filed seeking for the following reliefs:

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(i) Kindly transfer O.S.No.64/2019 on the file of the Civil Judge and JMFC Mundgod to Senior Civil Judge and JMFC Kalghatagi, wherein, the O.S.No.56/2020 suit is pending on the file of Senior Civil Judge and JMFC, Kalghatagi.

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CP No. 100172 of 2021 C/W CP No. 100119 of 2021

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(ii) Pass any other order or direction as this Hon’ble Court deems fit and proper under the facts and circumstances of the case including award of cost in the interest of justice and equity.

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C.P.No.100119/2021 has been filed seeking for the

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following reliefs:

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(i) To pass an order withdrawing O.S.No.64/2019 pending on the file of Prl. Civil Judge, Mundgod and also O.S.No.196/2019 pending on the file of Prl. Civil Judge, Kalghatagi and transfer these two suits to the Court of Prl. Senior Civil Judge, Kalghatagi so as to adjudicate the transferred suits along with pending suit bearing O.S.No.56/2010, in the ends of justice.

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In view of the no objection from both counsels, I pass

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the following order:

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ORDER

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(i) O.S.No.64/2019 pending on the file of Prl. Civil Judge, Mundgod and O.S.No.196/2019 pending o the file of Prl. Civil Judge, Kalghatagi are withdrawn and transferred to the Court of Senior Civil Judge, Kalghatagi, where O.S.No.56/2020 is pending between the parties.

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CP No. 100172 of 2021 C/W CP No. 100119 of 2021

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(ii) The Principal Senior Civil Judge, Kalghatagi to proceed further with the matter on receipt of the Court records.

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Sd/JUDGE

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SVH

Sharada W/O.Babusingh Rajaputh v. Sumangalabai W/O Lavasingh Hajeri

Case brief

What is this about?

What did the court decide?

Sharada W/O.Babusingh Rajaputh v. Sumangalabai W/O Lavasingh Hajeri

Case brief

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What did the court decide?

What the court decided

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