LEELAVATHI ALIAS REKHA W/O SHIVANAGAPPA D/O CHANNAVEERAGOUDAR v. SHIVANAGAPPA S/O HARIVESHAPPA
CP/100215/2023 · 2025-01-06
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8035 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8035 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:53 CP No. 100215 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100215 OF 2023 (-) BETWEEN:
LEELAVATHI ALIAS REKHA W/O. SHIVANAGAPPA D/O. CHANNAVEERAGOUDAR, AGE. 26 YEARS, OCC. HOUSEHOLD, R/O. SASARWAD VILLAGE, TQ. SHIRAHATTI-582120 DIST. GADAG. …PETITIONER (BY SRI. ABHISHEK L. KALLED, ADVOCATE)
AND:
SHIVANAGAPPA S/O. HARIVESHAPPA, AGE. 30 YEARS, OCC. AGRICULTURE R/O. ISHAPUR VILLAGE, TQ. HARAPANAHALLI DIST. VIJAYANAGARA-582101.
…RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO, WITHDRAW THE PROCEEDINGS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, IN M.C.NO.26/2023 COURT AT HARAPANAHALLI AND TRANSFER THE SAME TO THE COURT OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT AT LAXMESHWAR, BY ALLOWING
Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC-D:53 CP No. 100215 of 2023
THE PRESENT CIVIL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the petitioner.
2. This petition is filed under Section 24 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking transfer of M.C.No.26/2023 pending consideration before the Senior Civil Judge, Harapanahalli to the competent Court at Laxmeshwar.
3. Having heard the learned counsel appearing for the parties, it is not in dispute that the respondent herein has filed M.C.No.26/2023 seeking dissolution of marriage against the petitioner herein and same is pending consideration before the said Court. Taking into consideration the fact that the distance between Harapanahalli and Laxmeshwar is about 80-90 km and further taking into consideration the financial inability of the petitioner herein to attend the proceedings at Harapanahalli Court, I find force in the submissions of the learned counsel
- 3 -
NC: 2025:KHC-D:53 CP No. 100215 of 2023
appearing for the petitioner and accordingly, the petition is allowed.
4. The M.C.No.26/2023 pending consideration before the Senior Civil Judge Harapanahalli is withdrawn and transferred to the Court of Senior Civil Judge and JMFC, Laxmeshwar forthwith.
Sd/- (E.S.INDIRESH)
YAN CT:ANB List No.: 2 Sl No.: 12