Civil petition filed to transfer an order of O.S.No.150/2021 from Tumakuru to Dakshina Kannada was dismissed as infructuous after the underlying suit was decreed.
Petition dismissed as having become infructuous.
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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.255 OF 2021
BETWEEN : SMT.SOWMYA W/O.PRASHANTH MAYYA AGED ABOUT 31 YEARS R/AT THANKEKU HOUSE N.C.ROAD, TOWARDS NELLUGUDDE BANTWALA DAKSHINA KANNADA DISTRICT – 574 143
... PETITIONER
(BY SRI M.VINOD KUMAR, ADVOCATE)
AND:
MR.PRASHANTH MAYYA C.S. S/O.CHANDRASHEKHAR MAYYA AGED ABOUT 41 YEARS R/AT C/O.MOHAN KUMAR SRI LAXMI NILAYA HOUSE NO.722 OPP. JUPITER SCHOOL MADHUGIRI TUMKURU DISTRICT – 572 132
... RESPONDENT
(BY SMT.VAISHNAVI S.DESAI, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE PETITION FILED BY RESPONDENT IN OS.NO.150/2021 PENDING ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE AND JMFC MADHUGIRI, TUMKURU DISTRICT TO THE PRINCIPAL CIVIL JUDGE AND JMFC BANTWALA, DAKSHINA KANNADA DISTRICT & ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation on behalf of petitioner.
“The undersigned submits as under:-
The Respondent had filed O.S.No.150/2021 on the file of Principal Civil Judge and JMFC, Madhugiri, Tumakuru District. The suit of the Respondent-Plaintiff was decreed on 15.10.2022. In view of the same this petition has become infructuous. The memo may kindly be taken on record, to meet the ends of justice.”
Placing the said submission and the memo on record, the present petition for transfer would not
survive for consideration any more. Accordingly, the petition is dismissed as having become infructuous.
Sd/JUDGE
LB
Smt. Sowmya W/o. Prashanth
Mr. Prashanth Mayya
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
