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2025 DAILYLAW 50141 (KAR)

BHAGYASHREE KANAGANNI W/O MANJUNATH PATIL v. MANJUNATH S PATIL S/O SURESH PATIL

CP/100117/2024 · 2025-04-29

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7048 CP No. 100117 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100117 OF 2024 (-) BETWEEN: BHAGYASHREE KANAGANNI W/O. MANJUNATH PATIL, AGE: 25 YEARS, OCC: HOUSEWIFE, R/O. FOREST DEPARTMENT QUARTERS, NEAR NIYAZ HOTEL, CITY BUS STOP, BELAGAVI DISTRICT, BELAGAVI-590001. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: MANJUNATH S. PATIL S/O. SURESH PATIL, R/O. NO.48, SUBRAMANYA KRUPA, 2ND FLOOR, 1ST MAIN ROAD, SUBBANNA COLONY, LOTTEGOLLAHALLI, R M V 2ND STAGE, BENGALURU-560094. …RESPONDENT (BY SMT. SUNANDA P. PATIL, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC 1908 PRAYING TO WITHDRAW M.C. NO.1337/2024 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU FOR BEING TRIED BY THE COURT OF THE SENIOR CIVIL JUDGE HUKKERI, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS 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:7048 CP No. 100117 of 2024 ORAL ORDER 1. This petition is filed under Section 24 of CPC seeking transfer of M.C.No.1337/2024 pending on the file of the Principal Judge, Family Court at Bengaluru to the Senior Civil Judge Court at Hukkeri. 2. Respondent entered appearance and filed I.A.No.1/2025 seeking vacating stay. Learned counsel appearing for the parties consented for final disposal. 3. Heard the learned counsel appearing for the parties. 4. The address of the petitioner shown in the cause title of the petition is as follows: “Bhagyashree Kanaganni, W/o Manjunath Patil, Age-25, Occ- Housewife, R/o. Forest Department Quarters, Near Niyaz Hotel, City Bus Stop, Belagavi District, Belagavi – 590001” 5. The address of the petitioner would indicate that, the petitioner is residing at Belagavi city, however, seeking transfer of M.C. No.1337/2024 pending - 3 - NC: 2025:KHC-D:7048 CP No. 100117 of 2024 consideration before the Principal Judge, Family Court at Bengaluru to the competent Court at Hukkeri. 6. The scope of Section 24 of CPC is to facilitate the parties if they find hardship in their appearance before the competent Court. Therefore, I find force in the submission of the learned counsel appearing for the respondent seeking dismissal of the petition. 7. It is also submitted by the learned counsel appearing for the respondent that the petitioner herein has filed M.C. No.103/2022 at Hukkeri and the said petition came to be dismissed on 24.03.2025. Since the petitioner is residing at Belagavi city as per the cause title and the affidavit annexed to the petition and therefore the petition deserve to be dismissed. 8. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 10