The court dismissed a civil petition seeking transfer of a partition suit from N.R.Pura to the City Civil Court, Bangalore. The petitioner cited health issues but withdrew insistence on transfer upon the respondent's undertaking to complete cross-examination within two months.
Civil petition No. 181 of 2021 disposed of, no transfer order passed.
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 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL PETITION NO. 181 OF 2021
BETWEEN:
SRI. N. RAMANATH KUDVA, S/O. LATE N. GOPALA KUDVA, AGED ABOUT 73 YEARS, RESIDENT OF BALEHONNURU, BALEHONNURU POST, N. R. PURA TALUK, CHICKMAGALURU DISTRICT - 577 112,
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
PRESENTLY RESIDING AT C/O. SMT. SUREKHA.P RAO., D/O: N. RAMANATH KUDVA, R/O: VILLA NO.377, PHASE-II, ADARSH PALM, MEDOWS, VARTHUR MAIN ROAD, RAMAGONDANAHALLI, BENGALURU - 560 066.
…PETITIONER
(BY SMT. MAMATHA SHETTY., ADVOCATE)
AND:
- 2 - NC: 2023:KHC:23304 CP No. 181 of 2021
TEJAS NET WORK LTD., PLOT NO.25, J.P. SOFTWARE PARK, ELECTRONIC CITY PHASE-1, HOSURU ROAD, BANGALORE - 560 100.
PLOT NO.25, J. P. SOFTWARE PARK, ELECTRONIC CITY, PHASE-1, HOSURU ROAD, BANGALORE - 560 100.
…RESPONDENTS (BY SRI. UDAYA PRAKASH M., ADVOCATE FOR R1, R4 & R6; R2 & 3 - SERVED
VIDE ORDER DATED: 16/12/2022 NOTICE TO R5 HELD SUFFICIENT; R7 - SERVED)
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE CASE FILED BY HIM FOR PARTITION AND SEPARATE POSSESSION IN O.S.NO. 03/2019 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA, WHICH IS POSTED FOR THE CROSS EXAMINATION OF THE PETITIONER HEREIN ON
NC: 2023:KHC:23304 CP No. 181 of 2021
15/03/2021 TO THE CITY CIVIL COURT, BENGALURU, IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned civil petition is filed by plaintiff, seeking transfer of partition suit pending in O.S.No.3/2019 on the file of Senior Civil Judge and JMFC, N.R.Pura to City Civil Court, Bangalore.
the ground that he is suffering from heart and kidney problems and therefore is not in a position to attend on each and every date. It is also stated in the petition that he is not in a position to offer himself to be cross examined and therefore, transfer is sought on the ground of health.
instructions submits that he would not insist on the transfer of the petition provided learned counsel for the
respondent completes cross examination within a period of two months. To the said statement, the learned counsel for the respondent readily accepts the condition and he submits that the respondent would complete his cross examination within a period of two months, subject to the plaintiff offering himself for cross examination. This statement is taken on record. In the light of the undertaking given by the learned counsel for the respondent/defendant that he will not protract and complete the cross examination of plaintiff within an outer limit of two months, I am of the view that the civil petition does not survive for consideration and, accordingly, stands disposed of.
Sd/JUDGE
HDK CT:STK
1 issue framed by the court
Whether the civil petition for transfer of a partition suit should be disposed of given the respondent's undertaking to complete cross-examination within two months.
Colour shows how this judgement treated each authority
nullReferred
1 provisions across 1 enactments
SRI. N. RAMANATH KUDVA
SMT. N. SUMATHI V. KUDVA
SMT. SUGUNA NAIK
SMT. SUMANA PAI
SRI. N. VILAS KUDVA
SMT. ARUN ACHARYA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
