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2025 DAILYLAW 45128 (KAR)

SMT SUJATA W/O PRATAP AKKI v. SRI PRATAP S/O SRIKANTH AKKI

CP/100014/2025 · 2025-04-04

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:6026 CP No. 100014 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100014 OF 2025 (-) BETWEEN: SMT. SUJATA W/O. PRATAP AKKI, AGE: 30 YEARS, OCC: HOUSEWIFE, R/O. NILAGUND VILLAGE, TQ: HARAPPANHALLI, DIST: VIJAYNAGAR. …PETITIONER (BY SRI. SHIVAKUMAR APPANNA APARAJ, ADVOCATE) AND: SRI. PRATAP S/O. SRIKANTH AKKI, AGE: 42 YEARS, OCC: BUSINESS & AGRICULTURE, R/O. HIREGOUDAR ONI, GUDGERI, TQ: KUNDAGOL, DIST: DHARWAD. …RESPONDENT (BY SRI. I.Y. PATIL, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THE PRESENT PETITION BY TRANSFERRING THE PETITION FILED BY THE RESPONDENT UNDER SECTION 9 OF HINDU MARRIAGE ACT IN MC NO.32 OF 2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KUNDAGOL TO THE SENIOR CIVIL JUDGE AND JMFC, HARAPPANHALLI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6026 CP No. 100014 of 2025 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed under Section 24 of the CPC seeking transfer of M.C.No.32/2024 pending consideration before the Senior Civil Judge and JMFC, Kundgol to the Court of Senior Civil Judge and JMFC, Harappanhalli. 2. Having taken note of the submission of the learned counsel appearing for the parties, as the petitioner herein has filed Crl.Misc.No.612/2024 before the Civil Judge and JMFC, Harappanhalli which is pending consideration and also the distance between Kundgol and Harappanhalli is more than 100 kilometers, I find force in the submission made by the learned counsel appearing for the petitioner as more hardship will be caused to the petitioner herein. 3. In that view of the matter, the petition is allowed. M.C.No.32/2024 pending consideration before the Senior Civil Judge and JMFC Kundgol is hereby withdrawn - 3 - NC: 2025:KHC-D:6026 CP No. 100014 of 2025 and transferred to the competent Court at Harappanhalli forthwith. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 25