Dismissed¶40

Niranjan a R v. a R Usha

Karnataka HC29 Oct 2025CP/177/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer petition dismissed; withdrawal and transfer of O.S.673/2024 from Prl. Senior Civil Judge & JMFC, Magadi, Ramanagara to Senior Civil Judge, Tumkur refused; NJDG pendency comparison favoured earlier disposal at Magadi; video conferencing appearance permitted on application; petitioner Niranjan A.R v. A R Usha & Nishal AR; CP No. 177 of 2025; Karnataka High Court, 29-10-2025; V Srishananda, J.

What did the court decide?

Transfer refused: taking note of pendency figures on the National Judicial Data Grid (NJDG) for the Tumakuru and Magadi courts, the Court held that cases pending on the Magadi court's file are likely to be disposed of earlier, so shifting the suit to Tumakuru was not warranted. ¶32

Niranjan a R Vs a R Usha — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:43262 CP No. 177 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION No.177 OF 2025

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BETWEEN:

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NIRANJAN A.R S/O LATE M RAJA RAO AGED ABOUT 45 YEARS R/AT 'ANUGRAH NILAYA' 1^ST FLOOR, 9^TH CROSS ROAD, S.I.T. MAIN ROAD, TUMKUR -572102

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…PETITIONER

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(BY SRI ANAND BEERANNAVAR, ADVOCATE)

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AND:

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A R USHA

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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W/O C.V.BALAJI RAO D/O LATE RAJA RAO AGED ABOUT 42 YEARS R/AT NO.C-56, M.T.STREET, CHIKKAPET, BENGALURU -560053

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NISHAL AR S/O LATE M RAJA RAO AGED ABOUT 39 YEARS R/AT 'ANUGRAH NILAYA' 1^ST FLOOR, 9^TH CROSS ROAD, S.I.T. MAIN ROAD, TUMKUR 572102

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…RESPONDENTS

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(BY SRI GORANAKOLLA SUDHIR MALLAPPA, ADVOCATE FOR R1)

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NC: 2025:KHC:43262 CP No. 177 of 2025

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HC-KAR

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THIS CP IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, PRAYING TO WITHDRAW THE OS NO.673/2024 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC MAGADI RAMANAGARA AND TO MAKE IT OVER TO THE COURT OF HON’BLE SENIOR CIVIL JUDGE TUMKUR FOR THE PURPOSE OF TRIAL AND DISPOSAL OF THE SAME IN ACCORDANCE WITH LAW.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard Sri Anand Beerannavar, learned counsel for the petitioner and Sri Goranakolla Sudhir Mallappa, learned counsel for the respondents.

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Petitioner filed the present Civil Petition under Section 24 of the Code of Civil Procedure with the following prayer:

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“THEREFORE, the petitioner above named most respectfully prays that the Hon’ble Court may kindly be pleased to withdraw the O.S.No.673/2024 pending on the file of the Prl. Senior Civil Judge and JMFC, Magadi, Ramanagara, and to make it over to the Court of Hon’ble Senior Civil Judge, Tumkur for the purpose of trial and disposal of the same in accordance with law, and grant such other relief as deemed appropriate in the interest of justice and equity.”

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NC: 2025:KHC:43262 CP No. 177 of 2025

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HC-KAR

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According to the petitioner, out of the suit properties, five items are situated in Tumakuru District and therefore, pending suit on the file of the Prl. Senior Civil Judge and JMFC, at Magadi, may be transferred to the Court of Senior Civil Judge, Tumakuru, for effective disposal.

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The said submission is opposed by the learned counsel for the respondents.

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Taking note of the pendency of the cases before the Court at Tumakuru and pendency of the cases before the Court at Magadi through National Judicial Data Grid (NJDG), cases pending on the file of the Court at Magadi may get disposed of earlier.

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Further, difficulty in attending the Court at Magadi by the petitioner who is resident of Tumakuru can be quelled by directing the petitioner to appear through video conferencing, unless the physical presence is very much necessary.

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If any such application is filed by the petitioner before the Court at Magadi, learned Trial Judge shall permit the petitioner to appear through video conferencing.

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NC: 2025:KHC:43262 CP No. 177 of 2025

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HC-KAR

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