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2025 DAILYLAW 53820 (KAR)

RENUKA W/O LINGARAJ CHIMMANAKATTI v. LINGARAJ CHIMMANAKATTI

CP/100231/2024 · 2025-04-17

E S Indiresh

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Judgment text

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- 1 - NC: 2025:KHC-D:6569 CP No. 100231 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100231 OF 2024 (-) BETWEEN: RENUKA W/O. LINGARAJ CHIMMANAKATTI, AGE: 40 YEARS, OCC: HOUSE WIFE, R/O. #213, WARD NO.3, NEAR BUS STAND, AMINGAD, TQ: AMINGAD, DIST: BAGALKOTE - 587 112. …PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: LINGARAJ CHIMMANAKATTI, AGE: 46 YEARS, OCC: PRIVATE JOB, R/O. #481, GANGAMMA NILAYA, KARNATAKA CIRCLE, NAVANAGAR, TQ: HUBBALLI, DIST: DHARWAD-580025. …RESPONDENT (BY SRI. T. SUBHAS, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO ALLOW THIS PETITION AND TRANSFER THE CASE IN M.C.NO.345/2024 PENDING ON THE FILE OF PRINCIPAL FAMILY COURT HUBBALLI TO THE COMPETENT COURT, AT: HUNGUND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE 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:6569 CP No. 100231 of 2024 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.345/2024 from the Principal Family Court, Hubballi to the competent jurisdictional Family Court at Hungund. 3. Having taken note of the submission made by the learned counsel for the petitioner particularly referring to the fact that the distance between Hubli to Hungund is around 150km, I find force in the submissions made by the learned counsel appearing for the petitioner. I have also carefully considered the averments made at paragraph 12 of the petition that the petitioner is residing in Amingad village, which is at the distance of 40 km from Bagalkot and the competent jurisdictional Court will be the Court at Hungund. Accordingly, the petition is allowed. 4. That the M.C.No.345/2024 pending consideration before the Principal Family Court at Hubballi is hereby - 3 - NC: 2025:KHC-D:6569 CP No. 100231 of 2024 withdrawn and transferred to the competent jurisdictional Court at Hungund, forthwith. 5.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.: 1 Sl No.: 26