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2025 DAILYLAW 74070 (KAR)

SRI. LAKSHMINARASIMHAIAH SINCE DEAD LRS SRI NARASIMHAMURTHY v. SRI. NAGESH

CP/197/2025 · 2025-10-16

V Srishananda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41375 CP No. 197 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 197 OF 2025 BETWEEN: SRI. LAKSHMINARASIMHAIAH SINCE DEAD LRS SRI. NARASIMHAMURTHY S/O LATE LAKSHMINARASIMHAIAH AGED ABOUT 45 YEARS, R/AT NELAHAL VILLAGE, BELLAVI HOBLI, TUMAKURU - 572 107 …PETITIONER (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. SRI. NAGESH S/O LATE NARASIMHAIAH, AGED ABOUT 54 YEARS. 2. SMT. SHYLAJA W/O LATE RANGASHAMAIAH D/O LATE NARASIMHAIAH, AGED ABOUT 50 YEARS ALL THE RESPONDENTS ARE R/AT NELAHAL VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK - 572 107 …RESPONDENTS (R1 AND R2 ARE SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41375 CP No. 197 of 2025 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW RA NO.9/2024 PENDING BEFORE PRINCIPAL JUDGE, FAMILY COURT AT TUMKUR, THE PRODUCED AT ANNEXURE B AND TRANSFER THE SAME HONBLE HIGH COURT OF KARNATAKA TO HEAR ALONGWITH RFA NO.1146/2018, PENDING BEFORE THE HONBLE COURT OF KARNATAKA, AS PER ANNEXURE C TO TRY AND DISPOSE OF IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS THAT HIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.V.B.Siddaramaiah, learned counsel for the petitioner. 2. A common judgment came to be passed in two suits namely O.S.No.52/2013 and 75/2015. 3. Against the judgment and decree passed in O.S.No.75/2015, the appellant has filed RFA No.1146/2018 before this Court. 4. However with regard to the judgment and decree passed in O.S.No.52/2013, on account of pecuniary - 3 - HC-KAR NC: 2025:KHC:41375 CP No. 197 of 2025 jurisdiction, an appeal came to be filed before the District Court at Tumakuru in RA No.9/2024. 5. Since the common judgment is under consideration in RFA No.1146/2018, pending Regular Appeal before the District Court (Family Court) needs to be tried along with RFA No.1146/2018. 6. Accordingly, the following: ORDER i. Civil Petition is allowed. ii. Regular Appeal No.9/2024 pending on the file of Principal Judge, Family Court is hereby withdrawn and order to be tried along with RFA No.1146/2018. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 30 CT: BHK