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NC: 2025:KHC:748 CP No. 143 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 143 OF 2024 BETWEEN:
SMT. SUNANDA N @ MANVITHA N, AGED ABOUT 29 YEARS, W/O MADHU T, D/O. NAGARAJ, R/O NO. 38, 1st CROSS, SUBHASHNAGAR, NELAMANGALA, BANGALORE RURAL DISTRICT - 562 123. …PETITIONER (BY SRI. VENKATESH S, ADVOCATE (ABSENT)) AND:
SRI. MADHU T, AGED ABOUT 35 YEARS, S/O LATE THIMMARAJU, R/O NO. 1371, 9tH F CROSS, SRI. VINAYAKA NILAYA, SARAKKI MAIN ROAD, J.P. NAGAR, 1st PHASE, BANGALORE - 560 078. …RESPONDENT (BY SRI. HIREMATH N.S, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW THE PETITION IN M.C.NO.2443/2023, PENDING ON THE FILE OF IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TO ASSIGN THE SAME TO THE FILE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:748 CP No. 143 of 2024 OF I ADDL. SENIOR CIVIL JUDGE, NELAMANGALA, BENGALURU RURAL DISTRICT WITH A DIRECTION TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW, BY ALLOWING THE PETITION, IN THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, 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. There was no representation on petitioner's side even on 07.01.2025.
3. The petitioner moved a petition seeking the Court to withdraw M.C. No.2443/2023 which is pending before the Court of IV Additional Principal Judge, Family Court, Bengaluru to the Court of 1st Additional Senior Civil Judge, Nelamangala, Bengaluru Rural District.
4. Learned counsel for the respondent Sri.Hiremath N.S made his submission on 07.01.2025 that the distance between Family Court, Bengaluru and Nelamangala is
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NC: 2025:KHC:748 CP No. 143 of 2024 hardly 20 Kms and thus there is no requirement to affect such transfer. Simply filing of a petition to affect transfer is not sufficient. The petitioner is required to take care to make her submission with regard to the necessity for affecting such transfer. Undoubtedly, the power granted under Section 24 of the Code of Civil Procedure cannot be exercised without there being sufficient cause and convincing grounds. The petitioner except filing a petition for transfer did not evince any interest in pursuing the matter.
5. Therefore, the petition stands dismissed without costs. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 29 CT: BHK