Dismissed

Sri B N Muralidhara v. Smt Byramma K

Karnataka HC14 Aug 2023CP/51/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka rejected a civil petition filed under Section 24 of CPC. The petitioner sought to withdraw one suit and transfer it to another court to be tried alongside a pending suit on the same cause of action. The court held that as relief in one suit would not be maintainable given the simultaneous filing for identical relief, transfer of suit was not appropriate.

What did the court decide?

The writ petition seeking transfer of O.S.No.139/2016 to be tried alongside O.S.No.1378/2016 is rejected.

Sri B N Muralidhara Vs Smt Byramma K — Partition | Karnataka HC (2023)

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NC: 2023:KHC:28816 CP No. 51 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF AUGUST, 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. 51 OF 2022

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BETWEEN:

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SRI B N MURALIDHARA S/O LATE B K NARASIMHAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO.129, SEETHABYRAVESHWARI NILAYA, BEHIND MANGALORE P. U. COLLEGE, ULLAL MAIN ROAD, NEXT TO KALKI BUILDING, BENGALURU-560056.

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…PETITIONER

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(BY SRI SUBHASH CHANDRA BOSE, ADV.)

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AND:

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Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA

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SMT. BYRAMMA K W/O LATE B K NARASIMHAIAH, AGED ABOUT 76 YEARS, RESIDING AT NO.3870, 3^RD CROSS, NEAR RAMA MANDIRA, GAYATHRI NAGAR, BANGALORE -560021.

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SMT. B N NAGALAKSHMI D/O LATE B K NARASIMHAIAH, W/O S H JAYARAM, AGED ABOUT 62 YEARS, R/AT NO.16, ANJANA NILAYA, 26^TH MAIN ROAD, ‘A’ CROSS, KAVERI NAGARA, KURUBARAHALLI, BENGALURU -560086.

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2 - NC: 2023:KHC:28816 CP No. 51 of 2022

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SMT. B N JAYALAKSHMI D/O LATE B K NARASIMHAIAH, W/O LATE NARAYANASWAMY M N, AGED ABOUT 55 YEARS, RESIDING AT NO.3870, 3^RD CROSS, NEAR RAMA MANDIRA, GAYATHRI NAGAR, BENGALURU-560021.

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SRI B N NARAYANA GOWDA S/O LATE B K NARASIMHAIAH, AGED ABOUT 51 YEARS, RESIDING AT YAMUNA BLOCK, NO.3, HEGADE NAGARA POLICE QUARTERS, BANGALORE-560064.

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SRI B N MANJUNATH W/O LATE B K NARASIMHAIAH, AGED ABOUT 48 YEARS, R/AT NO.3870, 3^RD CROSS, NEAR RAMA MANDIRA, GAYATHRI NAGAR, BENGALURU-560021.

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…RESPONDENTS

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THIS PETITION IS FILED UNDER SEC.24(1)(B) OF CPC, PRAYING TO I) WITHDRAW THE O.S.NO.139/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE COURT, NELAMANGALA, BENGALURU RURAL DISTRICT, FILED BY THE PETITIONER HEREIN AND THEREAFTER TRANSFER THE SAME TO THE XLIV ADDITIONAL CITY CIVIL COURT, BENGALURU, BENGALURU URBAN DISTRICT, WITH DIRECTION TO TRY AND DISPOSE OF THE SAME ALONG WITH THE O.S.NO.1378/2016, WHICH IS PENDING ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL COURT, BENGALURU, BENGALURU URBAN DISTRICT, IN THE INTEREST OF JUSTICE AND ETC.

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

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3 - NC: 2023:KHC:28816 CP No. 51 of 2022

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ORDER

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The petitioner/plaintiff in O.S.No.139/2016 on the file of the Senior Civil Judge at Nelamangala and O.S.No.1378/2016 on the file of the XLIV Additional City Civil Judge, Bangalore is before this Court under Section 24 of CPC seeking transfer of O.S.No.139/2016 on the file

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of the Senior Civil Judge, Nelamangala to XLIV Additional City Civil Judge at Bangalore to try and dispose of the same along with O.S.No.1378/2016.

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Heard learned counsel Sri.Subhash Chandra Bose for petitioner and perused the writ petition papers.

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Both suits filed by the petitioner/plaintiff are for partition and separate possession. When two suits are simultaneously filed by the petitioner on the same cause of action between the same parties for the same property, relief in one of the suit would not be maintainable. The petitioner could not have filed two suits for the same relief against the same defendants. Therefore, the question of

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NC: 2023:KHC:28816 CP No. 51 of 2022

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transferring of suit from one Court to another would not arise.

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No ground is made out for transfer of suit.

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Accordingly, the writ petition stands rejected.

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SD/JUDGE

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MPK CT:bms List No.: 1 Sl No.: 42

Sri B N Muralidhara v. Smt Byramma K

Case brief

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Sri B N Muralidhara v. Smt Byramma K

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