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2025 DAILYLAW 10356 (KAR)

SHAKUNTALBAI v. RAJESH

CP/200034/2025 · 2025-06-18

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3166 CP No. 200034 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO.200034 OF 2025 BETWEEN: 1. SHAKUNTALBAI W/O LATE HOIRAM, AGE: 64 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 2. VISHAL S/O LATE HOIRAM, AGE: 44 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 3. VIJAY S/O LATE HOIRAM, AGE: 35 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 4. AJAY S/O LATE HOIRAM, AGE: 36 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 5. ANJALI D/O LATE HOIRAM, AGE: 30 YEARS, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3166 CP No. 200034 of 2025 OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. …PETITIONERS (BY SRI VINAYAK APTE, ADVOCATE) AND: 1. RAJESH S/O LATE KARANSINGH, AGE: 54 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 2. ROSHINIBAI W/O LATE BHAGWANDAS, AGE: 59 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 3. VIKRAM S/O LATE BHAGWANDAS, AGE: 36 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 4. SACHIN S/O LATE BHAGWANDAS, AGE: 34 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. 5. MANJU S/O LATE HOIRAM, AGE: 34 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. - 3 - HC-KAR NC: 2025:KHC-K:3166 CP No. 200034 of 2025 6. ANJU D/O LATE HOIRAM, AGE: 35 YEARS, OCC: PRIVATE WORK, R/O: H.NO.3-873 MEHTAR GALLI, GAZIPURA, KALABURAGI – 585 101. …RESPONDENTS (BY SRI BASAVARAJ M.POLICE PATIL AND SRI AJAY JAWALI, AVOCATE FOR R1 TO R4; SERVICE OF NOTICE TO R5 AND R6 IS HELD SUFFICIENT) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO ALLOW THIS PETITION AND WITHDRAW THE R.A NO.10/2024 ON THE FILE OF DISTRICT JUDGE, LABOUR COURT KALABURGI AND TRANSFER THE SAME BEFORE THIS HON’BLE COURT TO TRY ALONG WITH R.F.A. NO.200215/2023 PENDING ON THE FILE OF THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS CIVIL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Petitioners seeking transfer of RA no.10/2024 on file of District Labour Court, Kalaburagi to this Court, have filed this petition is filed. - 4 - HC-KAR NC: 2025:KHC-K:3166 CP No. 200034 of 2025 2. Sri Vinayak Pate, learned counsel for petitioners submits that petitioners were defendants no.1 to 4 and 6 in OS no.8/2019 and along with other defendants they filed counter claim. By judgment and decree dated 01.09.2023, suit as well as counter claim came to be dismissed. Aggrieved plaintiffs filed RFA no.200215/2023 before this Court. 3. Insofar as, rejection of counter claim is concerned, petitioners along with other defendants have filed RA no.10/2024. However, since appeal filed by plaintiffs is pending before this Court, in order to avoid conflicting judgment, it would be appropriate to transfer RA no.10/2024 to be decided along with RFA no.200215/2023. Therefore, sought to allow this petition. 4. Learned counsel for respondents no.1 to 4 would fairly concedes to petition. 5. In view of above and without concurring more with prayer, petition is allowed. - 5 - HC-KAR NC: 2025:KHC-K:3166 CP No. 200034 of 2025 6. Proceedings in RA no.10/2024 on file of District Labour Court, Kalaburagi stands withdrawn and transferred to this Court to be heard along with RFA no.200215/2023. Sd/- (RAVI V HOSMANI) JUDGE NJ List No.: 1 Sl No.: 4