- 1 - NC: 2025:KHC-D:5174 CP No. 100246 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100246 OF 2024 (-) BETWEEN: SHRI BHIMAPPA S/O. CHANAMALLAPPA KURBET, AGE: 69 YEARS, OCC: PENSIONER, R/O. CHANILAYA PLOT NO.157, KRISHI COLONY 6 CROSS, BHAGYA NAGAR, BELAGAVI-590006. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: SMT. SAROJA W/O. BHIMAPPA KURBET, AGE: 60 YEARS, OCC: HOUSEWIFE, R/O. CHANILAYA PLOT NO.157, KRISHI COLONY 6 CROSS, BHAGYA NAGAR, BELAGAVI-590006. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER O.S.NO.169/2020 PENDING BEFORE SENIOR CIVIL JUDGE, BELAGAVI TO THE FAMILY COURT, BELAGAVI AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.25 16:02:32 +0530 - 2 - NC: 2025:KHC-D:5174 CP No. 100246 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this petition, petitioner has sought for transfer of O.S.No.169/2020 pending consideration before the Senior Civil Judge, Belagavi to the competent Family Court at Belagaum. 2. The case of the petitioner herein is that M.C.No.195/2020 is pending consideration before the Family Court at Belgaum between the parties and it would be convenient to boh parties if the case in O.S.No.169/2020 is transferred to the Family Court at Belgaum, since parties in both cases are one and the same. 3. In the light of the submission made by the learned counsel for the petitioner having regard to the fact that the relief claimed in O.S.No.169/2020 is declaratory in nature, and therefore, same cannot be transferred to the Family Court wherein M.C.No.195/2020 is pending consideration in which the matrimonial dispute is yet to be concluded. In that view of the matter, since, in order to decide the declaratory suit, full- fledged trial is required to be conducted before the Civil Court, and therefore, I am of the view that, no interference is called for in this petition. - 3 - NC: 2025:KHC-D:5174 CP No. 100246 of 2024 4. Accordingly the petition is dismissed. Trial court is requested to dispose of the suit in O.S.No.169/2020, at the earliest. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 2 Sl No.: 4