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2025 DAILYLAW 47735 (KAR)

SMT SARASWATHI ALIAS GEETHA W/O SHARANBASAVA CHIKKAHANIGI v. SHARANBASAVA S/O LATE HANUMANTHA

CP/100155/2024 · 2025-03-24

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5399 CP No. 100155 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100155 OF 2024 (-) BETWEEN: SMT. SARASWATHI @ GEETHA W/O. SHARANBASAVA CHIKKAHANIGI, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. YELLAWWA MAHADEVAPPA TEGGI, GIRANI CHAWL, KARWAR ROAD, HUBBALLI, DIST: DHARWAD-580020. …PETITIONER (BY SRI. G.R. TURAMARI, ADVOCATE) AND: SHARANBASAVA S/O. LATE HANUMANTHA, AGE: 45 YEARS, OCC: SERVICE IN ARMY (CRPF), R/O. CENTRAL RESERVE POLICE FORCE, CENTRAL OFFICE, DODDABALLAPUR ROAD, YALAHANKA, BENGALURU, DIST: BENGALURU-560061, NOW RESIDING AT, R/O. ABDULLA COLONY, HATTI VILLAGE, HATTI GOLD MINES, TQ: LINGASUGUR, DIST: RAICHUR-584122. …RESPONDENT (BY SRI. S.S. BISARALLI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.63/2022, PENDING ON THE FILE OF COURT OF THE SENIOR CIVIL JUDGE LINGASUGUR TO THE PRL. FAMILY COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5399 CP No. 100155 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. This petition is filed by the petitioner under Section 24 of the Code of Civil Procedure, 1908 (for short “CPC’) seeking transfer of M.C.No.63/2022 pending consideration on the file of Senior Civil Judge Lingasugur to the competent jurisdictional Court at Hubballi. 3. Having taken note of the submissions made by the learned counsel for the parties and taking into consideration the fact that the distance between Lingasugur and Hubballi is more than 200 km and the hardship that may be caused to the petitioner-wife to the attend the Court proceedings at Lingasugur, I find force in the submission made by the learned counsel appearing for the petitioner-wife. Accordingly, the petition is allowed. 4. That the M.C.No.63/2022 pending on the file of Senior Civil Judge Lingasugur is hereby withdrawn and - 3 - NC: 2025:KHC-D:5399 CP No. 100155 of 2024 transferred to the Principal Judge, Family Court at Hubballi, forthwith. 5. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 2 Sl No.: 15