Dismissed¶26

Smt Vaseela v. Mr Pakruddin

Karnataka HC18 Feb 2025CP/178/2023

Case brief

AI extract

What is this about?

Karnataka HC, CP No. 178 of 2023, decided 18-02-2025 by Dr. Justice Chillakur Sumalatha. Transfer petition under Section 24 CPC seeking transfer of O.S. No. 2/2023 from the I Addl. Principal Judge, Family Court, Mangaluru to the Prl. Civil Judge and JMFC, Madikeri. Dismissed for non-prosecution: requisites for notice to the respondent not furnished despite sufficient time and a conditional order dated 10.02.2025; counsel merely sought adjournment. Merits of transfer not discussed; no quantum involved.

What did the court decide?

This Court found no grounds to adjourn the matter further, as requisites for sending notice to the respondent were not furnished despite sufficient time and a conditional order dated 10.02.2025. ¶22

Smt Vaseela Vs Mr Pakruddin — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:7213 CP No. 178 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 178 OF 2023

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BETWEEN:

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MT. VASEELA, D/O. M. M. ZAKARIYA, AGED ABOUT 36 YEARS, R/O. MM FRUITS, ARABIC SCHOOL COMPLEX, MARKET, MADIKERI, KODAGU DISTRICT-571 201.

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…PETITIONER

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(BY SRI. ROSHAN H.C., ADVOCATE)

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AND:

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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MR. PAKRUDDIN, S/O UNCHI BEARY, AGED ABOUT 53 YEARS, R/O. 7^TH BLOCK, KRISHNAPURU, SURATHKAL, MANGALORE TALUK, DHAKSHINA KANNADA DISTRICT-575 014.

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…RESPONDENT

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE SUIT FILED BY THE RESPONDENT IN O.S. NO. 2/2023, PENDING IN THE FILE OF THE I ADDL. PRINCIPAL JUDGE, FAMILY COURT, MANGALURU, DHAKSHINA KANNADA DISTRICT TO THE PRL. CIVIL JUDGE AND JMFC AT MADIKERI, KODAGU DISTRICT PRODUCED AT ANNEXURE- 'A'.

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NC: 2025:KHC:7213 CP No. 178 of 2023

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THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL ORDER

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Sri.Kishan representing Sri.Roshan.H.C, learned

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counsel on record for the petitioner simply seeks time.

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As per office endorsement requisites are not furnished for sending notice to the respondent. Sufficient time was granted to the petitioner to furnish the requisites for sending notice to the respondent. Conditional order was also passed on 10.02.2025 so that the petitioner would furnish the requisites. However, requisites are not furnished. Though the matter is listed on this day under the caption 'for dismissal' for non-furnishing the requisites to send notice to the respondent, yet learned counsel for the petitioner simply seeks time.

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