The High Court of Karnataka disposed of a civil petition seeking transfer of a suit from Udupi to Mysuru. The court dismissed the petition as the underlying suit (O.S.No.47/2012) was dismissed for non-prosecution, rendering the transfer infructuous.
Transfer petition dismissed as infructuous due to dismissal of the underlying suit for non-prosecution.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR
CIVIL PETITION NO.170 OF 2021
BETWEEN:
SRI NAGARAJA RAO C.H. S/O.LATE C.H.RAO AGED ABOUT 53 YEARS CHARTERED ACCOUTNANT R/AT NO.1247, 2ND CROSS KRISHNAMURTHYPURAM MYSURU – 570 004 ... PETITIONER
(BY SRI SHIVARAJ N.ARALI, ADVOCATE)
AND :
BENGALURU – 560 050
BSK MAIN ROAD KATRIGUPPA BENGALURU – 560 085
SINCE DEAD BY HIS LRS.
R-4(a) TO 4(b) ARE R/AT NO.370, BASAVESHWARA NAGAR BEML LAYOUT
SRI VISWAVALLABHATEERTHA SWAMIJI CAR STREET UDUPI – 576 101
... RESPONDENTS
(BY SMT.PRIYA TAPASHI FOR SRI PRAMOD N.KATHAVI, ADVOCATES FOR R-7; SRI SANATH KUMAR SHETTY K., ADVOCATE FOR R1-R3, R-5 & R-6; R-4(a) TO 4(c), R-8 ARE SERVED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1907 PRAYING TO TRANSFER O.S.NO.47/2012 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, UDUPI DISTRICT TO AN EQUIVALENT COURT AT MYSURU & ETC.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for petitioner as well as learned counsel for respondent No.7.
for retirement on the ground that he has no instructions from the petitioner, despite sending e-mails to
communicate and instruct in the matter. However, it is apparently seen that there is no reply from the petitioner or acknowledgement for having received the retirement notice. Hence, same cannot be granted.
In view of dismissal of the petition, pending application does not survive for consideration and the same stands consigned to records, reserving liberty to the petitioner.
Sd/JUDGE
LB
1 issue framed by the court
Whether the transfer petition filed under Section 24 CPC should be allowed given that the underlying suit has been dismissed for non-prosecution.
1 provisions across 1 enactments
SRI NAGARAJA RAO C.H.
ARUN KUMAR A.D.
B.GOPALAKRISHNA UPADHYA
S.K.SHESHACHANDRIKA
SRI SODE VADIRAJA MUTT
M/S.KATNHANGOD HOSPITALS & RESEARCH CENTRE (P) LTD.
RAJU SEVAGI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
