- 1 - NC: 2025:KHC:11347 CP No. 476 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 476 OF 2024 BETWEEN: SMT. DEEPIKA N. AGED ABOUT 36 YEARS D/O. LATE NANDEESH Y. B. W/O. DUREGESH PRASAD H. S. RESIDING AT NO.580 5TH CROSS, V. V. NAGAR MADDUR TOWN MANDYA DISTRICT-571 428 …PETITIONER (BY SRI. SHIVARAMU H. C., ADVOCATE) AND: 1. NAGARAJ H.A. AGED ABOUT 48 YEARS S/O. ANJINAPPA R/O. SRIKANTA KRUPA KOTE, HJSS, KALYANA MANTAP HOSKOTE TOWN AND TALUK BANGALORE RURAL DISTRICT PIN - 562 114. 2. DURGESH PRASAD H. S. AGED ABOUT 44 YEARS S/O. LATE SHIVAKUMARA SWAMY H. S. R/O. SRIKANTA KRUPA KUMBARAPETE CROSS ROAD HOSKOTE TOWN AND TLAUK BANGALORE RURAL DISTRICT PIN - 562 114 …RESPONDENTS (BY SRI. BABU D.B., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11347 CP No. 476 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC., PRAYING TO TRANSFER OF O.S. NO.194/2022 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, AT HOSKOTE TO THE EQUIVALENT COURT OF PRINCIPAL JUDGE AND JMFC, MADDUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of O.S.No.194/2022, pending on the file of Principal Civil Judge and J.M.F.C. at Hoskote to the equivalent Court of Principal Civil Judge and JMFC, Maddur. 2. The facts of the case are that O.S.No.194/2022 is filed by one Nagaraj against the petitioner and respondent No.2 herein seeking relief of permanent injunction restraining the defendants from interfering with the lawful possession and enjoyment of the schedule property without due process. It is the case of the petitioner - wife that she is staying along with her second son at Maddur and it is difficult for her to travel all the way from Maddur to Hoskote and the distance between Maddur and Hoskote is about 120 kms. - 3 - NC: 2025:KHC:11347 CP No. 476 of 2024 3. Learned counsel appearing for the second respondent – husband submits that in fact the wife is working in Bengaluru and the child is residing along with the grand parents in Maddur. When the wife herself working in Bengaluru, the case shall not be transferred from Hoskote to Maddur. It is submitted that another case i.e., G. & W.C. No.37/2023 filed by the husband seeking custody of the second child is also pending before the Court at Hoskote and she is pursuing before the Court at Hoskote and now this application is filed. 4. Having heard the learned counsels on either side, perused the material on record. The wife is working in Bengaluru. The husband is in Hoskote along with the first son and he is taking care of the first son and the G. & W.C. filed by the husband is posted on the maintainability of the case, the arguments were heard and they are waiting for the orders on the same. The civil suit i.e., filed by 3rd party in O.S. No.194/2022 cannot be transferred taking into consideration the convenience of the wife. In that view of the matter, this Court finds no reasons to transfer O.S.No.194/2022, pending on the file of Principal Civil Judge and J.M.F.C. at Hoskote to - 4 - NC: 2025:KHC:11347 CP No. 476 of 2024 the equivalent Court of Principal Civil Judge and J.M.F.C., Maddur. Accordingly, this Court is passing the following: ORDER i) The petition is dismissed and pending IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA