- 1 - HC-KAR NC: 2025:KHC:23487 CP No. 220 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO.220 OF 2025 BETWEEN: FISH MART NO.60/2, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, TALAGHATTAPURA POST VAJARAHALLI, BENGALURU-560062 REPRESENTED BY ITS PROPRIETOR, GANGAHDARA N.H. S/O LATE NARAYANA BILLAVA M: 9964855229 Email: gangadharpoojary16@gmail.com …PETITIONER (BY SMT. ANKITA PATIL, ADVOCATE FOR SRI SATEESH S. KUDTARKAR, ADVOCATE) AND: 1. SEETHARAMU .K S/O LATE M. KRISHNAMURTHY, AGED ABOUT 40 YEARS, R/AT HOUSE NO.98, BYARAVA NILAYA, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, TALAGHATTAPURA POST, VAJARAHALLI, BENGALURU-560062 M: 9886888777. 2. THE BENGALURU CITY CO-OPERATIVE HOUSING SOCIETY LTD., NO.2 SEETHAPATHI AGRAHARA BENGALURU-560002 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI T.M. VIJAYA, ADVOCATE FOR R-1; SRI M.B. CHANDRACHOODA, ADVOATE FOR R-2) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23487 CP No. 220 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION BY TRANSFERRING THE SUIT IN O.S.NO.1254/2024, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE, BENGALURU RURAL, BENGALURU TO THE COURT OF PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR PROPER ADJUDICATION OF MATTER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ‘ORDER ON BEING SPOKEN TO’, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER This Court vide order dated 01.07.2025 dismissed the civil petition inter alia on the ground that the relief sought in the petition was seeking for transfer of a suit that was instituted before the Court, which did not have territorial jurisdiction to adjudicate the same. The said final order was dictated in the Court. However, before the same was signed, Section 24 (5) of the Code of Civil Procedure1 was noticed, which reads as follows: “24. General power of transfer and withdrawal.- x x x 1 Hereinafter referred to as ‘CPC’ - 3 - HC-KAR NC: 2025:KHC:23487 CP No. 220 of 2025 (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.” (emphasis supplied) 2. In view of the plain reading of Section 24 (5) of CPC, it is open to a Court exercising jurisdiction under Section 24(5) of CPC to transfer a suit or proceedings under the said sub-section from a Court which has no jurisdiction to try the same. In view of the aforementioned, the order dated 01.07.2025 is hereby recalled. 3. Although, it is vehement contention of the learned counsel for the petitioner that reference to Section 24 (5) was adverted to during the course of the oral submissions, the same is not liable to be accepted having regard to the fact that the order dated 01.07.2025 was dictated in open Court and non-reference to Section 24(5) of the CPC in the final order dated 01.07.2025 was not pointed out at the time of dictation. - 4 - HC-KAR NC: 2025:KHC:23487 CP No. 220 of 2025 4. Learned counsel for the respondent submits that pursuant to the dismissal of the present petition on 01.07.2025, the Trial Court has returned the plaint in O.S. No.1254/2024 and on the next day, i.e., on 02.07.2025, the petitioner has instituted O.S.No.4681/2025 before the City Civil Court, Bengaluru and the matter was listed before the Court (CCH-27) on the same day. 5. Learned counsel for the petitioner submits that despite the institution of the suit in O.S. No.4681/2025, the petitioner has been illegally dispossessed from the suit property without taking any recourse to law. 6. Having regard to the subsequent events, keeping in mind the fact that the petitioner has already instituted another suit in O.S.No.4681/2025 and also keeping in mind the fact that the plaint presented by the petitioner in O.S.No.1254/2024 has already been returned, no further orders are require to be passed in the present proceedings, reserving liberty to the petitioner to invoke such other remedy/ies as may be permissible under - 5 - HC-KAR NC: 2025:KHC:23487 CP No. 220 of 2025 law, as well as seek appropriate reliefs in the pending suit, i.e., O.S. No.4681/2025. With the above observations, the civil petition stands disposed of. Sd/- (C.M. POONACHA) JUDGE MBM List No.: 1 Sl No.: 1