- 1 - HC-KAR NC: 2025:KHC:46702 CP No. 303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 303 OF 2025 BETWEEN: 1. M/S. PRAJWAL EDUCATION TRUST CAUVERY COLLEGE ROAD, SHANIVARASANTHE, SOMWARTPET TALUK, KODAGU DISTRICT - 571 235 REPRESENTED BY ITS SECRETARY SRI. G M HOOVAIAH 2. SRI. G M HOOVAIAH, S/O LATE MALLAPPA, AGED 60 YEARS, R/AT GOWDALLI VILLAGE AND POST, SOMWARPET TALUK, KODAGU DISTRICT - 571 236 3. SRI. H N DEVARAJ, AGED 60 YEARS, S/O LATE H B NINGAPPA, 2ND BLOCK, MAIN ROAD, SHANIVARASANTHE TOWN, SOMWARPET TALUK, KODAGU DISTRICT - 571 236 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46702 CP No. 303 of 2025 4. SRI. KANARAM @ HARISH, AGED ABOUT 48 YEARS, S/O LABU RAMJI, R/AT HARI JEWELERS AND BANKERS, RATHA BEEDHI, KUSHALNAGAR TOWN, SOMWARPET TALUK, KODAGU DISTRICT - 571 234 5. SRI. H P GUNDAPPA, AGED 60 YEARS, S/O LATE PUTTEGOWDA, R/AT COWKODY VILLAGE, HOSUR POST, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 137 6. SRI. G V THIMMAPPA AGED 66 YEARS, S/O SRI. VENKATAPPA, R/AT GOWDALLI VILLAGE AND POST, SOMWARPET TALUK, KODAGU DISTRICT-571 236 7. SRI. B DHARMENDRA, AGED ABOUT 53 YEARS, S/O SRI. B GNANESHWAR, R/AT VISHWESHWARAIAH ROAD, VIDYANAGAR, HASSAN-573 202. THE PETITIONERS NO.2 TO 7 ARE TRUSTEES, PRAJWAL EDUCATION TRUST (R) …PETITIONERS (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:46702 CP No. 303 of 2025 AND: 1. SRI. M. C. KANTHARAJ AGED ABOUT 52 YEARS, S/O LATE MV CHENNAPPA, 2. SMT. K S SOWMYA, AGED ABOUT 41 YEARS, W/O M C KANTHARAJ, BOTH ARE R/AT BIDAROOR VILLAGE, SHANIVARASANTHE HOBLI, SOMWARPET TALUK, KODAGU DISTRICT - 571 235 …RESPONDENTS (BY SRI. GIRISHA T.R., ADVOCATE FOR R1 SMT. LAKSHMI NARAYAN PRABHU M., ADVOCATE FOR R2) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE CASE, RA NO.1/2025 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU AT MADIKERI TO THIS HONBLE COURT, 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 - 4 - HC-KAR NC: 2025:KHC:46702 CP No. 303 of 2025 ORAL ORDER 1. Heard Sri. Pundikai Ishwara Bhat, learned counsel for the petitioners and Sri. Girisha T.R., learned counsel for the respondents. 2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "WHEREFORE, the Petitioenrs pray that by allowing this Civil Petition with costs throughout, this Hon'ble Court may be pleased to direct to transfer RA No.1/2025 pending before the I Additional District and Sessions Judge, Kodagu at Madikeri to this Hon'ble Court and to post along with RFA No.2521/2025 for hearing, which is pending consideration before this Hon'ble Court, in the interest of justice and equity." 3. In respect of agreement to sell, a suit for specific performance came to be filed by the petitioner whereas respondent filed a suit for possession. 4. The suit was disposed of by a common judgment and decree. Plaintiff filed the appeal before this - 5 - HC-KAR NC: 2025:KHC:46702 CP No. 303 of 2025 Court in RFA No.2521/2024, whereas the respondent has filed R.A. No.1/2025. 5. Subject matter of both the matters are settled by common judgment. Since an appeal is pending before this Court in RFA No.2521/2024, petitioner is seeking transfer of R.A. No.1/2025 to this Court to be tried along with RFA No.2521/2024. 6. Having heard the arguments of both sides, it is settled principles of law and requires no emphasis that whenever a Higher Court is seized off a matter, in respect of the same judgment, an inferior Court cannot entertain an appeal. 7. Hence, a case is made out to transfer R.A. No.1/2025 to this Court to be tried along with RFA No.2521/2024. - 6 - HC-KAR NC: 2025:KHC:46702 CP No. 303 of 2025 8. Accordingly, following Order: ORDER (i) Civil Petition is allowed. (ii) Pending appeal in R.A. No.1/2025 on the file of I Additional District and Session Judge, Kodagu, Madikeri is hereby withdrawn and transferred to this Court to be tagged along with RFA No.2521/2024 for further consideration. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 36