Sri. Y Raghuram Shenoy v. Puttur Town Municipal Council
Civil Procedure – Transfer/clubbing of suits – Section 24 CPC
Case brief
What is this about?
Section 24 CPC; clubbing of suits; common trial; analogous hearing; transfer of suit between courts; Article 227 writ petition (GM-CPC); conflicting judgments; multiplicity of proceedings; O.S.No.29/2013; O.S.No.51/2016; Misc.No.5/2018; Puttur; Dakshina Kannada; damages for illegal demolition (Rs.1 crore); damages for illegal encroachment (Rs.60 lakhs); Sy.No.138/9 and 138/1; Principal District and Sessions Judge Mangalore; Additional Senior Civil Judge & JMFC Puttur; Principal Civil Judge & ACJ Puttur; Puttur Town Municipal Council; High Court of Karnataka; Justice M.G.S. Kamal; order dated 23.06.2018 set aside.
What did the court decide?
Writ petition allowed: impugned order dated 23.06.2018 in Misc.No.5/2018 set aside; application under Section 24 CPC allowed, transferring O.S.No.29/2013 from the Additional Senior Civil Judge and JMFC, Puttur to the file of the Principal Senior Civil Judge and ACJM, Puttur for analogous trial with O.S.No.51/2016; Principal District and Sessions Judge, Mangaluru directed to withdraw either suit and place it before the Court having jurisdiction to try and dispose of the matter analogously.