- 1 - NC: 2025:KHC:15123 CP No. 353 of 2024 C/W CP No. 367 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 353 OF 2024 C/W CIVIL PETITION NO. 367 OF 2024 IN CP No. 353/2024 BETWEEN: SRI P S PRAVEEN KUMAR S/O P T SHEKARAPPA AGED ABOUT 38 YEARS R/O MALALKERE VILLAGE BADA POST, MAYAKONDA HOBLI DAVANAGERE TALUK & DISTRICT-577534. …PETITIONER (BY SRI. V. B. SIDDARAMAIAH., ADVOCATE) AND: SMT SOUBHAGYA K.B. W/O LATE M K LAKSHMAPPA AGED ABOUT 59 YEARS R/O 'KANASU NILAYA' 1ST FLOOR, B BLOCK, SHARAVATHINAGARA, OPP. MEDI PLUS SHIVAMOGGA - 577201. …RESPONDENT (BY SRI. SHIVAKUMAR SWAMY G.S., ADV. FOR SRI. S.V. PRAKASH, ADV.) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15123 CP No. 353 of 2024 C/W CP No. 367 of 2024 THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, 1908 PRAYING TO WITHDRAW THE O.S. NO. 9/2024 (EARLIER P AND SC NO.1/2024) FROM THE COURT OF THE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA AND BE PLEASED TO PLACE BEFORE THE SENIOR CIVIL JUDGE AND JMFC, HARIHARA. IN CP NO. 367/2024 BETWEEN: SOUBHAGHYA K.B. W/O LATE M. K. LAKSHMAPPA, AGED ABOUT 61 YEARS R/O 'KANASU NILAYA', 1ST FLOOR, B BLOCK, SHARAVATI NAGARA, OPP: MEDI PLUS, SHIVAMOGGA CITY - 577201. ...PETITIONER (BY SRI. SHIVAKUMAR SWAMY G.S., ADV. FOR SRI. S.V. PRAKASH, ADV.) AND: 1. P.S. PRAVEEN KUMAR S/O . P.T. SHEKARAPPA, AGED ABOUT 38 YEARS, R/O. MALALKERE VILLAGE, BADA POST MAYAKONDA HOBLI DAVANAGERE TALUK AND DISTRICT-577 514. 2. MANAGING DIRECTOR BANGALORE ELECTRICAL SUPPLY CO., LTD., (BESCOM), KAVERI BHAVAN, BANGALORE-09. 3. SUPERINTENDING ENGINEER, (ELE) O AND M DIVISION, - 3 - NC: 2025:KHC:15123 CP No. 353 of 2024 C/W CP No. 367 of 2024 BANGALORE ELECTRICAL SUPPLY CO., LTD., (BESCOM), DAVANAGERE CIRCLE, HADADI ROAD, DAVANAGERE-4. 4. EXECUTIVE ENGINEER (ELE) O AND M DIVISION BANGALORE ELECTRICAL SUPPLY CO., LTD., (BESCOM), P.B. ROAD, HARIHARA-577601. ...RESPONDENTS (BY SRI. V B SIDDARAMAIAH, ADV. FOR R1, SMT. SWAMINI GANESH MOHANAMBAL, ADV. FOR R2-R4.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS AN APPROPRIATE ORDER WITHDRAWING THE O.S. NO.100/2024 PENDING ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC, HARIHARA TO THIS HON'BLE COURT AND THEREAFTER TRANSFER THE SAME TO THE COURT OF LEARNED II ADDITIONAL DISTRICT AND SESSION JUDGE, SHIVAMMOGGA WITH A DIRECTION TO DECIDE THE SAME ALONG WITH SUIT IN O.S. NO.9/2024 BY RECORDING COMMON EVIDENCE AND PASSING A COMBINED JUDGMENT AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - NC: 2025:KHC:15123 CP No. 353 of 2024 C/W CP No. 367 of 2024 ORAL ORDER CP No.353/2024 is filed seeking transfer of O.S.No.9/2024 on the Court of II Additional District and Sessions Judge, Shivamogga to the Court of Senior Civil Judge and JMFC, Harihara and CP No.367/2024 is filed seeking transfer of O.S.No.100/2024 on the Court of Senior Civil Judge and JMFC, Harihara to the II Additional District and Sessions Judge, Shivamogga and to be tried along with OS No.9/2024. 2. The facts of the case are that the petitioner married the respondent’s daughter on 08.05.2019 at Agamudi Convention Hall, Shivamogga. It is the case of the petitioner that the petitioner’s wife died on 29.08.2021. Mother of deceased filed OS No.9/2024 on the file of II Additional District Judge, Shivamogga whereas, the husband of the deceased has filed OS No.100/2024 on the file of Senior Civil Judge and JMFC, Harihara seeking a declaration i.e. entitlement for pensionary benefits of the deceased. Now, both husband - 5 - NC: 2025:KHC:15123 CP No. 353 of 2024 C/W CP No. 367 of 2024 and mother of the deceased are before this Court. They want their respective cases to be transferred and tried along with the case pending on the file of Senior Civil Judge and JMFC, Harihara. 3. Learned counsel appearing for the son-in-law submits that the marriage of the petitioner and his wife was registered in the office of the Sub Registrar, Davangere and the petitioner and the deceased wife resided at Honnali before her death and the Court at Honnali is having jurisdiction. Since the Harihara Senior Division Court is having jurisdiction over Honnali, the petitioner has rightly filed OS No.100/2024 before the Senior Civil Judge and JMFC, Harihara. 4. Learned counsel appearing on behalf of the mother of the deceased submits that the deceased had executed a will in her absence as she is residing in Shivamogga and she is 61 years old. As both the cases have to be tried together considering her age. The suit filed by the husband of the deceased has to be transferred - 6 - NC: 2025:KHC:15123 CP No. 353 of 2024 C/W CP No. 367 of 2024 to the II Additional District and Sessions Judge, Shivamogga. 5. Having heard the learned counsel on either side, perused to material on record. 6. Both the suits filed by husband and mother of the deceased are pertaining to the pensionary benefits and also Will execution by the deceased. 7. Admittedly, mother resides in Shivamogga and considering her age, both suits have to be tried. This Court deems it appropriate to transfer O.S.No.100/2024 filed by the husband on the file of Senior Civil Judge and JMFC, Harihara to the Court of II Additional District and Sessions Judge, Shivamogga. 8. Accordingly, this Court is passing the following: ORDER i. The O.S.No.100/2024 pending on the file of the Senior Civil Judge and JMFC, Harihara, is withdrawn and transferred to - 7 - NC: 2025:KHC:15123 CP No. 353 of 2024 C/W CP No. 367 of 2024 the Court of II Additional District and Sessions Judge, Shivamogga. ii. Accordingly, Civil Petition No.353/2024 is dismissed. iii. Accordingly, the Civil Petition No.367/2024 is Allowed. iv. Without further notice, the parties shall appear before the Court of II Additional District and Sessions Judge, Shivamogga on 10.06.2025. v. All pending I.As., in the civil petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 2