Allowed

Smt. Sadiya W/O Ashif Tahasildar v. Ashif S/O Saidusab Tahasildar

Karnataka HC18 Apr 2024CP/100029/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed an appeal filed under Section 24 of CPC for the transfer of O.S. No. 377/2023 from the Civil Court at Mudalagi to the Civil Court at Banahatti due to the petitioner's financial difficulties and the pendency of a related criminal miscellaneous petition in the latter court.

What did the court decide?

Transfer of O.S. No. 377/2023 from the Court of Civil Judge & JMFC, Mudalagi, to the Court of Civil Judge & JMFC, Banahatti.

Smt. Sadiya W/O Ashif Tahasildar Vs Ashif S/O Saidusab… — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6510 CP No. 100029 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL CIVIL PETITION NO. 100029 OF 2024

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BETWEEN:

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SMT. SADIYA W/O. ASHIF TAHASILDAR, AGE: 21 YEARS, OCC: HOUSEHOLD, R/O. YADWAD, TQ: MUDALAGI, C/O. NOW REIDING AT: KUNTOJI BUILDING, APMC ROAD, BELOW MANJU VISHWANATH SOUHARDHA SAHAKARI, LTD. MAHALINGAPUR,TQ: MUDHOL.

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…APPELLANT

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(BY SRI. ANURADHA DESHPANDE, ADVOCATE)

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AND:

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ASHIF S/O. SAIDUSAB TAHASILDAR, AGE: 32 YEARS, OCC: MECHANIC, R/O. GOKAK ROAD, YADWAD, TQ: MUDALAGI, DIST: BELAGAVI-591136.

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Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA

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(NOTICE TO RESPONDENT SERVED)

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…RESPONDENT

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THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE O.S.NO.377/2023 PENDING BEFORE THE CIVIL JUDGE AND JMFC, MUDALAGI, GOKAK, DIST: BELAGAVI TO THE CIVIL JUDGE AND JMFC, BANAHATTI, DIST: BAGALKOT.

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

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NC: 2024:KHC-D:6510 CP No. 100029 of 2024

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ORDER

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This petition is filed under Section 24 of CPC seeking to transfer O.S.No.377/2023 pending on the file of the Civil Judge & JMFC, Mudalagi, Gokak Taluk, Belagavi District to the Court of Civil Judge & JMFC, Banahatti, Bagalkot District.

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2. Heard the learned counsel Smt.Anuradha Deshpande, for the petitioner. Though the notice is served on the respondent, he remained absent.

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3. Learned counsel for the petitioner submits that due to serious marital dispute the petitioner-wife is residing at Mahalingapur with her parents and she has filed petition in Criminal Misc.202/2023 which is pending before the Court of Civil Judge & JMFC, Banahatti. It is further submitted that the respondent-husband has filed O.S.No.377/2023 and the said petition is pending before the Civil Judge & JMFC, Mudalagi, Gokak Taluk and it would be difficult for the petitioner to travel to Mudalagi as she has no independent source of income. Hence, seeks to allow the petition.

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4. I have heard the learned counsel for the petitioner and perused the material available on record.

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3 - NC: 2024:KHC-D:6510 CP No. 100029 of 2024

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5. The material available on record indicates that the

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petitioner is residing at Mahalingapur with her parents due to serious marital dispute. The pleadings indicate that the petitioner has filed Crl.Misc.202/2023 which is pending before the Court of Civil Judge & JMFC, Banahatti, Bagalkot District. Taking note of the financial difficulty and pendency of Crl.Mis.202/2023 in the Court of Civil Judge & JMFC, Banahatti, Bagalkot, I am of the considered view that it would be just and proper to allow the petition by transferring O.S.No.377/2023 pending on the file of the Civil Judge & JMFC, Mudalagi, Gokak Taluk, Belagavi District to the Court of Civil Judge & JMFC, Banahatti, Bagalkot District. Hence, I proceed to pass the following:

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ORDER

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i. Civil Petition is allowed .

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ii. O.S.No.377/2023 now pending on the file of Civil Judge & JMFC, Mudalagi, Gokak Taluk, Belagavi District is withdrawn from the said Court and made over to the Court of Civil Judge & JMFC, Banahatti, Bagalkot District for trial in accordance with law.

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Sd/JUDGE

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BSR

Smt. Sadiya W/O Ashif Tahasildar v. Ashif S/O Saidusab Tahasildar

Case brief

What is this about?

What did the court decide?

Smt. Sadiya W/O Ashif Tahasildar v. Ashif S/O Saidusab Tahasildar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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