- 1 - NC: 2025:KHC-D:5063 CP No. 100221 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100221 OF 2024 (-) BETWEEN: 1. BHAVISH KUMAR S/O. RAJAGOPAL NAIK, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. NO.3-151(1), BLOCK NO.3, PADU VILLAGE, POST: KAPU, TQ: UDUPI, DIST: UDUPI-574106. 2. UDAYAKUMAR S/O. PADMANABHA PATRI, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. NO.3-151(1), BLOCK NO.3, PADU VILLAGE, POST: KAPU, TQ: UDUPI, DIST: UDUPI-574106. …PETITIONERS (BY SRI. N.H. PATIL, ADVOCATE) AND: SMT. RAJEEVI W/O. LATE K. PADMANABHA PATRI, SINCE DECEASED BY HER LEGAL HERIS. 1. K. GURUMOORTHI S/O. LATE K. PADMANABHA PATRI, AGE: ABOUT 75 YEARS, R/O. D.NO.3-144, PANCHAMI NILAYA PADU VILLAGE, POST: KAPU, TQ: UDUPI, DIST: UDUPI-574106. 2. SUMITRA W/O. RAJAGOPAL NAIK, D/O. LATE PADMANABHA PATRI, AGE ABOUT 62 YEARS, R/O. PADMANABHA MOHAN NILAYA, KOPPALANGUADI PADU VILLAGE, POST. KAPU, TQ: UDUPI, DIST: UDUPI-574106. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:08 +0530 - 2 - NC: 2025:KHC-D:5063 CP No. 100221 of 2024 3. K. GIRISHKUMAR S/O. LATE K. PADMANABHA PATRI, AGE: ABOUT 53 YEARS, R/O. OPP. DARSHAN PATRI, D.NO.3-151, PADU VILLAGE, POST. KAPU, TQ: UDUPI, DIST: UDUPI-574106. …RESPONDENTS (BY SMT. NIRMALA BANI, ADVOCATE FOR R2; SRI. F.V. PATIL & SMT. PALLAVI PACHHAPURE, ADVOCATE FOR R3; R1-SERVED & UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC 1908 PRAYING TO ALLOW THE PETITION AND TRANSFER P AND SC NO.3/2012 AND P AND SC NO.5/2012 PENDING ON THE FILES OF SENIOR CIVIL JUDGE AT HONNAVAR TO SENIOR CIVIL JUDGE AT UDUPI AND ETC. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioners under Section 24 of the Code of civil Procedure, 1908 seeking transfer of P&SC.No.3/2012 and P&SC No.5/2012 pending on the file of the Senior Civil Judge at Honnavar to the Court of Senior Civil Judge at Udupi. - 3 - NC: 2025:KHC-D:5063 CP No. 100221 of 2024 2. Having taken note of the submissions made by the learned counsel appearing for the parties as there is already appeal in R.A.No.18/2017, which is pending consideration before the Senior Civil Judge, Udupi between the same parties, I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, the petition is allowed. 3. In the result, P&SC.No.3/2012 and P&SC No.5/2012 pending on the file of Senior Civil Judge at Honnavar are hereby withdrawn and transferred to the Court of Senior Civil Judge, Udupi, forthwith. 4. 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.: 27