Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16370 CP No. 300 of 2024 C/W CP No. 301 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 300 OF 2024 C/W CIVIL PETITION NO. 301 OF 2024
IN CP No. 300/2024
BETWEEN:
SRI DEVARAJU V., S/O VENKATEGOWDA AGED ABOUT 48 YEARS, PROP KUKKESHREE TRAVELS, NO.29/4, T S P ROAD, AZEEM BUILDING KALASIPALYAM BANGALORE-560002 …PETITIONER (BY SRI. RAGHAVENDRA K., ADV.)
AND:
SRI RAVI S/O YAMANAPPA PADAKOTI AGED ABOUT 42 YEARS R/O WARD NO.08, HOSAKOTE TOWN V V EXTENSION HOSAKOTE BANGALORE RURAL DIST AND ALSO R/AT NOW R/AT HITTINAHALLI VILLAGE VIJAYAPURA TALUK AND DIST-586 101 …RESPONDENT (RESPONDENT SERVED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE CASE PENDING ADJUDICATION BEFORE THE II ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T-VII AT VIJAYAPURA, ON THE FILE OF M.V.C. NO.1427/2021 AND II TRANSFER THE CASE TO THE
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16370 CP No. 300 of 2024 C/W CP No. 301 of 2024
COURT OF THE XXI ADDL SCJ AND ACMM AT BANGALORE (SCCH-23) BY CLUBBING WITH MVC. NO. 3175/2020, MVC.NO.3176/2020 AND M.V.C. NO.1426/2021.
IN CP No. 301/2024
BETWEEN:
SRI DEVARAJU V., S/O VENKATEGOWDA AGED ABOUT 48 YEARS, PROP KUKKESHREE TRAVELS, NO.29/4, T S P ROAD, AZEEM BUILDING KALASIPALYAM BANGALORE-560002 …PETITIONER (BY SRI. RAGHAVENDRA K., ADV.)
AND:
SRI RAVI S/O YAMANAPPA PADAKOTI AGED ABOUT 42 YEARS R/O WARD NO.08, HOSAKOTE TOWN V V EXTENSION HOSAKOTE BANGALORE RURAL DIST AND ALSO R/AT NOW R/AT HITTINAHALLI VILLAGE VIJAYAPURA TALUK AND DIST-586 101 …RESPONDENT (RESPONDENT SERVED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE CASE PENDING ADJUDICATION BEFORE THE II ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T-VII AT VIJAYAPURA, ON THE FILE OF M.V.C. NO.1428/2021 AND II TRANSFER THE CASE TO THE COURT OF THE XXI ADDL SCJ AND ACMM AT BANGALORE (SCCH-23) BY CLUBBING WITH MVC. NO. 3175/2020, MVC.NO.3176/2020 AND M.V.C. NO.1426/2021.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:16370 CP No. 300 of 2024 C/W CP No. 301 of 2024
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present petitions are filed seeking transfer of MVC No.1427/2021 and MVC No.1428/2021 pending on the file of the II Additional Senior Civil Judge & MACT-VII, Vijayapura to the XXI Additional SCJ & ACMM, Bengaluru (SCCH-23) by clubbing MVC No.3175/2020, MVC No.3176/2020 and MVC No.1426/2021.
2. The petitioner before this Court is the owner of the vehicle. In respect of a particular accident, three claim petitions have been filed at Vijiayapura and three claim petitions at Bengaluru.
3.
Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle. If these petitions are decided by different Tribunal, there is every likelihood of conflicting of judgements. In that regard, he had already filed a petition in CP No.172/2024 before this Court seeking transfer of MVC No.1426/2021 pending on
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NC: 2025:KHC:16370 CP No. 300 of 2024 C/W CP No. 301 of 2024
the file of II Additional Senior Civil Judge & MACT-VII, Vijayapura and the Co-ordinate Bench of this Court by
order dated 04.06.2024 has already allowed the petition.
4. Though notice is served on the respondent in both cases, no vakalath is filed.
5. Considering the fact that all the petitions that are pending before the Courts at Vijayapura as well as Bengaluru are arising out of the same incident and this Court had already transferred one case that is pending at Vijayapura, this Court deems it appropriate to pass the following:
ORDER i. MVC No.1427/2021 and MVC No.1428/2021 pending on the file of the II Additional Senior Civil Judge and MACT-VII, Vijayapura are withdrawn and the same are transferred to the XXI Additional SCJ & ACMM, Bengaluru (SCCH-23) by clubbing MVC
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NC: 2025:KHC:16370 CP No. 300 of 2024 C/W CP No. 301 of 2024
No.3175/2020, MVC No.3176/2020 and MVC No.1426/2021. ii. Accordingly, the Civil Petitions are allowed. iii. All I.As. in these Civil Petitions shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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