The High Court set aside the lower court's order rejecting a transfer petition. It directed that multiple proceedings regarding the same property be clubbed and decided by a single court to prevent multiplicity.
Impugned order set aside; proceedings clubbed and directed to be decided by V Additional City Civil and Sessions Judge.
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 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CIVIL REVISION PETITION NO. 128 OF 2024
BETWEEN:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
LAGGERE, BENGALURU - 560 058.
MALLESHWARAM, BENGALURU - 560 003.
…PETITIONERS
(BY SRI. RAJESWARA P.N.,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. MUNIYAPPA D.,ADVOCATE FOR C/R1 AND R2 SRI.DAKSHINA MURTHY B., ADVOCATE FOR R3.)
THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 07.02.2024 PASSED IN MISC. NO. 1038/2023 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE PETITION FILED UNDER SEC. 5(2) OF THE BANGALORE CITY CIVIL COURT ACT, 1979 R/W SEC. 24 OF CPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The suit for partition in O.S No.4892/2010 was filed,
and the same was decreed ex-parte .
Consequently, a Miscellaneous Petition was filed in Misc No.64/2019, which was also dismissed for non-prosecution on 08.10.2021.
Prl. District Judge to transfer the said proceeding to the XV Additional City Civil and Sessions Judge, (CCH-3), Bengaluru. The District Court, by the impugned order, has rejected the said claim.
NC: 2024:KHC:12055 CRP No. 128 of 2024
all the parties are present before the Court and directed to appear before the V Additional City Civil and Sessions Judge, (CCH-13), Bengaluru on 15.04.2024 and take further instructions.
Sd/JUDGE
RMS List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the various proceedings arising from the same suit property should be clubbed to prevent multiplicity of litigation?
3 provisions across 2 enactments
K.NAGAMMA
SMT.SHUBHA
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
