- 1 - NC: 2025:KHC:22 CP No. 25 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 25 OF 2024 BETWEEN: SMT. FAIZA REHMAN, W/O. ABDUL WASHEED S. K., AGED ABOUT 48 YEARS, HOUSE WIFE, R/AT DOOR NO. 134, RAJENDRANAGAR, KESARE, 1ST STAGE, 4TH CROSS, BEHIND FAROOQIA MASJID MYSURU. …PETITIONER (BY MISS SUSHRAVYA G.,ADVOCATE FOR SRI. AVANI CHOKSHI, ADVOCATE) AND: 1. SMT.KHATIJA TABASSUM, W/O. ABDUL WAHEED S. K. AGED ABOUT 49 YEARS, TEACHER, 2. SMT. RAHILA TOUSIF, W/O. TOUSIF HUSSAIN AGED ABOUT 46 YEARS, HOUSE WIFE, 3. SMT. SHAISTA ANJUM W/O SYED FAROOQ, AGED ABOUT 43 YEARS, HOUSE WIFE, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:22 CP No. 25 of 2024 4. SMT HALEEMA SADIYA, W/O SHAMID SHOWKAT, AGED ABOUT 39 YEARS, WORKING PROFESSIONAL, ALL ARE RESIDENTS OF KHATIJA MANZIL, 1ST FLOOR, ANJUMAN STREET CROSS, CHIKKAMAGALURU - 577101 …RESPONDENTS (BY SRI. V. D RAVIRAJ, ADVOCATE FOR R1; R2 IS SERVED; NOTICE TO R3 AND R4 IS HELD SUFFICIENT, V/O. DATED 28.06.2024) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO DIRECT TRANSFER OF O.S. NO. 98/2022 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC, AT CHIKMAGALUR TO ANY HONBLE COURT AT MYSURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Ms.Sushravya.G, learned counsel who represents Sri.Avani Chokshi, learned counsel on record for the appellant as well as Sri.V.D.Raviraj, learned counsel for respondent No.1. No representation for respondent Nos.2 to 4. - 3 - NC: 2025:KHC:22 CP No. 25 of 2024 2. This is a petition filed under Section 24 of CPC, 1908 seeking the Court to withdraw the suit in O.S. No.98/2022 that is pending before the Court of III Additional Civil Judge, Chikmagalur and to transfer the same to any Court having jurisdiction to deal with the matter at Mysuru. 3. Learned counsel for the petitioner submits that the respondents filed a false suit against the petitioner seeking relief of permanent injunction. Learned counsel also states that the petitioner is having four children and her husband deserted her. Learned counsel also contends that the petitioner is suffering from spondylitis and she is not in a position to travel alone to Chikmagalur to attend for the adjournments and therefore, the suit may be transferred as sought for. 4. Per contra the submission that is made by the learned counsel for respondent No.1 is that the respondents i.e., respondent Nos.1 to 4 herein filed a suit for grant of permanent injunction restraining the petitioner - 4 - NC: 2025:KHC:22 CP No. 25 of 2024 herein and her men from entering into the suit schedule property. Learned counsel submits that the plaintiffs to the suit i.e., the respondents herein are all women and in case the suit is transferred all those women would find it difficult to attend the case and thus the relief sought for should not be granted. 5. There is no requirement either for the plaintiffs or the defendants in the civil suits to attend the Court on the date of each and every adjournment. Here is a case where the plaintiffs to the suit and the defendant to the suit are all women. Thus the same difficulty which the petitioner herein would face in attending the Court has to be faced by the respondents also in case the case is transferred as sought for. Also this Court does not find any convincing reasons so as to exercise the powers granted under Section 24 of CPC, 1908 and to effect transfer of the suit as sought for. When a suit is filed before the Court having territorial jurisdiction to deal with, the same cannot be transferred without there being sufficient cause or - 5 - NC: 2025:KHC:22 CP No. 25 of 2024 reason. Therefore, this Court is of the view that the present petition seeking transfer is not maintainable as it lacks sufficient cause and convincing reasons. Resultantly, the petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 37