- 1 - NC: 2025:KHC:121 CP No. 43 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. 43 OF 2024 BETWEEN: SMT. KOMALA. V., W/O R. SRINIVASA D/O VENKATESHAPPA, C/O SHANTHAMMA, AGED ABOUT 25 YEARS, R/AT BASAVANAGUDI VILLAGE, ANTHARAGANGE POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT--577 245 PRESENTLY RESIDING AT KASABARA MARIGUDI STREET, SRIRANGAPATTANA TOWN, SRIRANGAPATTANA TALUK, MANDYA DISTRICT-571 438. …PETITIONER (BY SMT. KOMALA V., ADVOCATE (ABSENT)) AND: SRI. SRINIVASA R., S/O RAJANNA N., AGED ABOUT 34 YEARS, R/AT BIDALURU VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 132. …RESPONDENT Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:121 CP No. 43 of 2024 THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO TRASNSFER M.C.NO.30/2020 ON THE FILE OF THE HONBLE PRL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL COURT TO THE HONBLE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATNA, MANDYA DISTRICT WITH A DIRECTION TO DISPOSE OF THE SAME AS EXPEDITIOUSLY AS POSSIBLE, IN THE INTERESTS OF JUSTICE AND GRANT COST OF THE SUIT AND PASS SUCH OTHER OR FURTHER ORDERS AS THIS HONBLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER No representation on petitioner's side on call. 2. Memo for retirement filed by learned counsel on record for the petitioner is present. 3. As per the contents of the said memo, the petitioner failed to approach the learned counsel despite repeated requests. It is also mentioned that a letter was sent by RPAD and the same was served upon the - 3 - NC: 2025:KHC:121 CP No. 43 of 2024 petitioner even then the petitioner did not contact the learned counsel. Proof of service is also filed. 4. Thus, the memo for retirement is accepted. 5. On 31.01.2024, IA No.1/2024 which is filed for stay of further proceedings in M.C. No.30/2020 that is pending on the file of the Court of Principal Senior Civil Judge, Devanahalli was ordered and stay was granted till the next date of hearing. As the petitioner did not represent the matter, on 21.02.2024 the case was ordered to be dismissed in case requisite, process fee is not paid within three days. Accordingly, the case was dismissed. 6. Later, IA No.3/2024 was filed for recalling the order dated 21.02.2024 and IA No.2/2024 was filed seeking the Court to condone the delay of 33 days in filing the said recalling application. Both the applications were allowed on 31.05.2024. However, on this day again there is no representation on petitioner's side. Till now, - 4 - NC: 2025:KHC:121 CP No. 43 of 2024 even the requisites for sending notice to respondent are not furnished. 7. The facts narrated above clearly discloses that the petitioner is not interested in pursuing the matter. Thus, the petition is dismissed for non prosecution. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 3