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2025 DAILYLAW 3767 (KAR)

SMT. ROHINI PRAKASH KALE v. PRAKASH MAHADEVAPPA KALE

CP/100043/2025 · 2025-04-16

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6486 CP No. 100043 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO.100043 OF 2025 BETWEEN: SMT. ROHINI PRAKASH KALE AGE. 25 YEARS, OCC. HOUSEHOLD, R/O. C/O. GANGAPPA YAMUNAPPA KALE NAYA NAGAR, BAILHONGAL, BELAGAVI-591102. …PETITIONER (BY SRI. R.M. JAVED, ADVOCATE) AND: PRAKASH MAHADEVAPPA KALE AGE. 36 YEARS, OCC. BUSINESS/AGRICULTURE, R/O. HIREBENDIGERI VILLAGE, SHIGGAON, HAVERI-581205. …RESPONDENT (BY SRIYUTHS. K.C. PATIL & UMESHGOUDA N. PATIL, ADVOCATES) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO PASS AN ORDER OF WITHDRAWAL OF MC NO.91/2024 PENDING FILE BEFORE SENIOR CIVIL JUDGE, SHIGGAON TO SENIOR CIVIL JUDGE, BAILHONGAL IN THE INTEREST OF JUSTICE & ETC. THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6486 CP No. 100043 of 2025 ORAL ORDER 1. This petition is filed under Section 24 of CPC seeking transfer of M.C.No.91/2024 pending on the file of the Senior Civil Judge and JMFC, Shiggaon to the competent Court at Bailhongal. 2. Having taken note of the submission made by the learned counsel appearing for the parties and the distance between Shiggaon and Bailhongal is almost 125 kilometers and also taking into consideration that the petitioner herein has filed Crl.Misc.No.252/2024 before the JMFC, Bailhongal under Section 144 of Bharatiya Nagarik Suraksha Sanhita and same is pending consideration before the said Court, I find force in the submission made by the learned counsel appearing for the petitioner that more hardship will be caused to the petitioner. 3. Accordingly, the petition is allowed. M.C.No.91/2024 pending on the file of the Senior Civil Judge and JMFC, Shiggaon is hereby withdrawn and - 3 - NC: 2025:KHC-D:6486 CP No. 100043 of 2025 transferred to the competent Court at Bailhongal forthwith. Sd/- (E.S.INDIRESH) JUDGE SH, CT:VP LIST NO.: 1 SL NO.: 24