Dismissed¶32

Master Shukruth Gowda v. Smt. Dyvamma

Karnataka HC12 Feb 2025CP/394/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CP No. 394 of 2024; decided 12.02.2025 by Dr. Justice Chillakur Sumalatha. Transfer of suit under Section 24 CPC; O.S.No.364/2024 for permanent injunction pending before V Additional Civil Judge, Hassan; petitioner minor represented by grandfather aged 65; respondent No.1 aged 66; comparative inconvenience of parties; no need to attend every adjournment; petition dismissed.

What did the court decide?

The inconvenience of travel pleaded on behalf of the petitioner's guardian equally applies to respondent No.1, who instituted the suit and is herself a lady aged about 66 years; therefore the relief of transfer cannot be granted. ¶31

Master Shukruth Gowda Vs Smt. Dyvamma — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:6253 CP No. 394 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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CIVIL PETITION NO. 394 OF 2024

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BETWEEN:

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MASTER SHUKRUTH GOWDA, AGED ABOUT 11 YEARS, S/O LATE PRAVEEN N.,

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PETITIONER IS MINOR, REPRESENTED BY NATURAL GUARDIAN/GRANDFATHER, SRI. RAMESH. H.N., AGED ABOUT 65 YEARS, S/O H.K. NAGAPPA, R/AT YASHODHAPURA VILLAGE, HUNSUR POST, HANAGODU HOBLI, HUNSUR TALUK, MYSURU DISTRICT-571 105.

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…PETITIONER

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(BY SRI. P. NATARAJU, ADVOCATE)

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. DYVAMMA, AGED ABOUT 66 YEARS, W/O LATE NANJEGOWDA, R/AT 56-C, LIG-2. 2ND STAGE, KUVEMPUNAGAR, HASSAN-573 201.

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THE CENTRE COMMANDER, MEG CENTER, NEAR SOUTH ULSOOR LAKE, C/O APO-56, BENGALURU-560 042.

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…RESPONDENTS

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(BY SRI. G.M. SHARATHKUMAR, ADVOCATE FOR SRI. CHETHAN B., ADVOCATE; R2 IS SERVED)

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NC: 2025:KHC:6253 CP No. 394 of 2024

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO WITHDRAW THE SUIT IN O.S.NO. 364/2024 PENDING ON THE FILE OF THE LEARNED V ADDL. CIVIL JUDGE AND JMFC AT HASSAN FILED BY THE 1^ST RESPONDENT AND TRANSFER THE SAME TO THE CIVIL JUDGE JUNIOR DIVISION AT HUNSUR.

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THIS PETITION, COMING ON FOR ADMISSION, 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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Heard Sri.Lokesh who represents Sri.P.Nataraju learned counsel on record for the petitioner. Also heard Sri.G.M.Sharath Kumar who represents Sri.Chethan.B learned counsel on record for respondent No.1.

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This is a petition field seeking the Court to transfer the suit in O.S.No.364/2024 which is pending before the Court of V Additional Civil Judge, Hassan to the Court of Civil Judge, Hunsur.

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Learned counsel for the petitioner submits that the petitioner is a child being represented by his maternal grandfather. The parents of the petitioner are no more. The paternal grandmother of the petitioner i.e., respondent No.1 herein filed a suit for permanent injunction and other allied reliefs i.e., O.S.No.364/2024 and the same is pending before

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NC: 2025:KHC:6253 CP No. 394 of 2024

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the Court of V Additional Civil Judge, Hassan. The guardian of the petitioner is aged about 65 years and he is unable to travel from Hunsur to Hassan to attend the Court. Therefore, the suit is required to be transferred.

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Opposing the relief sought for, learned counsel for respondent No.1 submits that respondent No.1 is aged about 66 years at present and in case the suit is transferred, she cannot travel from Hassan to Hunsur.

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Respondent No.1 who instituted the subject suit, is a lady aged about 66 years. Therefore, the inconvenience projected towards the guardian of the petitioner equally applies to respondent No.1 as well. That apart, there is no requirement for the parties to the proceedings to attend the Court on each and every date of adjournment in a civil suit. Hence, this Court is of the view that the relief sought for cannot be granted.

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Resultantly, the petition stands dismissed.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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DS CT:TSM List No.: 1 Sl No.: 42

Master Shukruth Gowda v. Smt. Dyvamma

Case brief

What is this about?

What did the court decide?

Master Shukruth Gowda v. Smt. Dyvamma

Case brief

What is this about?

What did the court decide?

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