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2025 DAILYLAW 58054 (KAR)

SHIVA PRAKASH GIRISH v. SRI A LIGOURY D MELLO

CP/266/2025 · 2025-10-14

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40887 CP No. 266 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 266 OF 2025 BETWEEN: SHIVA PRAKASH GIRISH SON OF SRI VIRUPAKSHAIAH SHIVA PRAKASH NOW AGED 51 YEARS, RESIDING AT NO.348, 12TH MAIN ROAD, 4TH CROSS, HSR LAYOUT, 5TH SECTOR BENAGALURU-560 101 …PETITIONER (BY SRI X M JOSEPH, ADVOCATE) AND: 1. SRI LIGOURY D’ MELLO AGED ABOUT 62 YEARS S/O LATE SALVODOR D'MELLO RESIDING AT P.O.BOX.57 P.C.328, TECHNOFIT TRADING LL.C, AL RUMIAS, BARKHA, SULANTATE OF OMAN 2. SMT MARY MARGARET D'MELLO AGED ABOUT 54 YEARS W/O SRI A LIGOURY D'MELLO RESIDING AT P.O.BOX.57 P.C.328, TECHNOFIT TRADING LL.C, AL RUMIAS, BARKHA, SULANTATE OF OMAN Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40887 CP No. 266 of 2025 3. KUKUTLA MALLA REDDY AGED MAJOR, SON OF JANAKIRAM REDDY KUKUTLA R/AT NO.101, 5TH CROSS, FERNS CITY, OPP. TOTAL MALL DODDANAKUNDI, MARATHAHALLI COLONY, BENGALURU-560037 4. VENKATA SURESH REDDY BIRUDAVOLU SON OF VENKU REDDY BIRUDAVOLU AGED ABOUT 50 YEARS RESIDING AT NO.269, KHB COLONY, KORAMANGALA, BENGALURU -560095 5. MAHESH MUNIYAPPA REDDY AGED MAJOR, SON OF MUNIYAPPA HEBBAGODI R/AT NO.53, 5TH A CROSS, 21ST MAIN, MCHS COLONY, BTM 2ND STAGE, BENGALURU -56006 6. VALLERU SARITHA DAUGHTER OF VALLERU BALACHANRDA NAIDU, AGED ABOUT 40 YEARS RESIDING AT NO.255, 2ND FLOOR, 5TH MAIN, M.S.RAMAIAH CITY NEAR CORPORATION BANK, J.P.NAGAR, 8TH PHASE BANNURUGATTA ROAD, BENGALURU -560076 7. VENUGOPALACHARY MUNAGANTI S/O VIRUPACHARY MUNAGANTI AGED ABOUT 45 YEARS RESIDING AT NO.23-1333, - 3 - HC-KAR NC: 2025:KHC:40887 CP No. 266 of 2025 TEKKEMITTA, BESIDE OLD EXCISE OFFICE, TEKKEMITTA, NELLORE, DAGAMITTA, NELLORE, ANDHRA PRADESH -524003 8. GORTHI VIDYA SAGAR SON OF GORTHI SATYAMURTHY AGED ABOUT 47 YEARS RESIDING AT NO.78, NEW NO.5, NATARAJAN STREET DHANALAKSHMI COLONY VADAPALANI, CHENNAI, TAMIL NADU - 600 026 …RESPONDENTS (BY SRI MANMOHAN FOR SRI VINAY N, ADVOCATES FOR R1 AND R2) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO ORDER/DIRECT, THE TRANSFER OF THE PENDING COM.OS NO.352 OF 2020 FROM THE LEARNED 89TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) AND ASSIGN THE SAID SUIT TO ANY OTHER LEARNED JUDGE OF THE COMMERCIAL COURT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri X.M. Joseph, learned counsel for the petitioner and Sri Manmohan, appearing on behalf of Sri Vinay N., counsel for respondent Nos.1 and 2. - 4 - HC-KAR NC: 2025:KHC:40887 CP No. 266 of 2025 2. The office has raised objections with regard to the maintainability of the present civil petition, in view of the fact that the petitioner is seeking transfer of pending suit from one commercial Court to another commercial Court. Such a prayer can be made before the Principal District Judge under Section 24 of Code of Civil Procedure. 3. With that liberty present petition is dismissed as not maintainable. Sd/- (V SRISHANANDA) JUDGE MR