Disposed

Smt. Mahalaxmi M Danaraddi v. Sri Somashekar Hadli

Karnataka HC4 Sept 2023CP/134/2022

Case brief

AI extract

What is this about?

This petition under Section 24 of CPC seeking transfer of family court proceedings was disposed of. The Court held that since the respondent filed a memo to withdraw the underlying suit, the transfer petition could not survive and invited the trial court to rule on the withdrawal.

What did the court decide?

Civil Petition disposed of as would not survive for consideration; Trial Court directed to consider withdrawal memo.

Smt. Mahalaxmi M Danaraddi Vs Sri… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:31692 CP No. 134 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT

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CIVIL PETITION NO. 134 OF 2022

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BETWEEN:

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SMT. MAHALAXMI M DANARADDI AGED ABOUT 30 YEARS D/O MAHESHWARA DANARADDI W/O SOMASHEKAR HADLI

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PRESENTLY RESIDING AT: MARUTHI NILAYA, ROOM NO.A2 GROUND FLOOR, LAKE ROAD GANIGA LAYOUT, G S PALYA ROAD ELECTRONIC CITY PHASE 2 BENGALURU- 100.

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…PETITIONER

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(BY SRI ANOOP HARANAHALLI, ADV.)

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AND:

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Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA

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SRI SOMASHEKAR HADLI AGED ABOUT 32 YEARS S/O HANUMANTHAPPA HADLI R/OF ANTUR BENTUR VILLAGE BHOODISHWARA MUTTA ROAD GADAG DISTRICT AND TALUK.

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…RESPONDENT

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(BY SRI. MAPARI LAXMIKANT SUBRAY, ADV.)

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THIS PETITION UNDER SEC.24 OF CPC, PRAYING TO TRANSFER THE PROCEEDINGS IN M.C.NO. 91/2021 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, GADAG TO SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU, HAVING JURISDICTION TO TRY THE MATRIMONIAL DISPUTES, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2023:KHC:31692 CP No. 134 of 2022

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

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ORDER

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Heard the learned counsel Sri.Anup Haranahalli for petitioner and learned counsel Sri.Mapari Laxmikant Subray for respondent. Perused the Civil Petition papers.

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This petition is filed under Section 24 of CPC seeking transfer of proceedings in M.C.No.91/2021 on the file of the Principal Judge, Family Court at Gadag to the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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Learned counsel for the respondent would submit that respondent intends to withdraw M.C.No.91/2021 pending on the file of the Principal Judge, Family Court at Gadag and to that effect, respondent has filed memo dated 31.08.2023. The said memo is also placed on record along with objections dated 17.08.2023, filed by learned counsel for the respondent.

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NC: 2023:KHC:31692 CP No. 134 of 2022

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In view of the memo filed by respondent before

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the Principal Judge, Family Court at Gadag, the present Civil Petition for the present, would not survive for consideration.

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Hence, the Civil Petition is disposed of as would not survive for consideration as on this date.

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The Trial Court is directed to consider the memo dated 31.08.2023 filed by learned counsel for the respondent for withdrawal of M.C.No.91/2021 and pass appropriate order on the next date of hearing.

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Liberty is reserved to the petitioner to revive this petition, in case of any adverse order passed in M.C.No.91/2021.

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Sd/JUDGE

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NC CT:bms List No.: 1 Sl No.: 13

Smt. Mahalaxmi M Danaraddi v. Sri Somashekar Hadli

Case brief

What is this about?

What did the court decide?

Smt. Mahalaxmi M Danaraddi v. Sri Somashekar Hadli

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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