Civil Petition filed under Section 24 of CPC seeking transfer of an MC was dismissed for non-prosecution as the petitioner consistently failed to appear and participated after multiple extensions.
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 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
CIVIL PETITION NO. 447 OF 2022
BETWEEN:
SMT. KETHNA T W/O SANTHOSH KUMAR M D/O THIMAPPA AGED ABOUT 25 YEARS R/AT NO.277, 19TH WARD KKURUBARA ONI, HOSPET-583201
…PETITIONER
(BY SRI. JAGADEESHA H M, ADVOCATE [ABSENT])
AND:
SRI SANTOSH KUMAR M S/O LATE VEERESH M AGED ABOUT 29 YEARS R/AT NO.98, 2ND FLOOR 12TH CROSS, ANANTHA MURTHY LAYOUT NEAR KALIDASA LAYOUT CIRCLE BENGALURU-560050.
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
…RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION IN MC NO.5035/2022 ON THE FILE OF THE III ADDL. PRL. JUDGE FAMILY COURT, BANGALORE TO THE HON’BLE PRINCIPAL SENIOR CIVIL JDUGE AND JMFC, HOSPET FOE ADJUDICATION IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:32994 CP No. 447 of 2022
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
week's time to take necessary steps for the issuance of notice. Subsequently, on 10.06.2024, at the request of the learned counsel for the petitioner, another week's time was granted to do the needful. Again on 25.06.2024, a week's time was granted to do the needful. When the matter was listed on 09.07.2024, none appeared for the petitioner and another week's time was granted to do the needful. Similarly, on 19.07.2024, when the matter was listed, none appeared for the petitioner and a final week's time was granted to do the needful. On 01.08.2024, when the matter was called out, none appeared for the petitioner. Consequently, the matter was directed to be listed on 05.08.2024, at the top of the list, under the caption 'dismissal'. Even on 05.08.2024, when the matter was posted under the caption 'dismissal', none appeared for the petitioner.
NC: 2024:KHC:32994 CP No. 447 of 2022
Sd/(H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the civil petition filed under Section 24 of CPC ought to be dismissed for non-prosecution in the absence of the petitioner.
1 provisions across 1 enactments
Smt. Kethna T W/o Santosh Kumar
Sri Santosh Kumar M
H.T. NarendrA Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
