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2025 DAILYLAW 8244 (KAR)

SMT. SHABHANA W/O SHADIQ BAYESAAABANAVAR v. SHRI SHADIQ S/O MAHADMADSAB BAYESABANAVAR

CP/100262/2024 · 2025-01-28

E S Indiresh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:1618 CP No. 100262 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100262 OF 2024 (-) BETWEEN: SMT. SHABHANA W/O. SHADIQ BAYESAAABANAVAR, AGE. 38 YEARS, OCC. HOUSEHOLD, R/AT. JAMADARA PLOT, SOMAPUR ONI, NARAGUND, TQ. NARAGUND, DIST. GADAG, KARNATAKA. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: SHRI. SHADIQ S/O. MAHADMADSAB BAYESABANAVAR, AGE. 41 YEARS, R/AT. TUMBORA, TQ. KALAGATAGI, DIST. DHARWAD - 581204 …RESPONDENT (BY SRI. UMESH P. HAKKARKI, ADVOCATE) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE O.S.NO.227/2024 AS PENDING BEFORE THE HON’BLE CIVIL JUDGE AND JMFC AT KALGHATAGI TO THE HON’BLE CIVIL JUDGE AND JMFC, COURT AT NARGUND AND DIRECT TO DISPOSE OF THE CASE ON MERITS IN ACCORDANCE WITH LAW, 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 MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:42:58 +0530 - 2 - NC: 2025:KHC-D:1618 CP No. 100262 of 2024 ORAL ORDER 1. This petition is filed under Section 24 of the Code of Civil Procedure by the petitioner seeking transfer of O.S.No.227/2024 pending consideration before the Civil Judge and JMFC, Kalaghatagi to the competent Civil Court at Naragund, Gadag District. 2. Having taken note of the submission made by the learned counsel for the parties, as the respondent herein has filed O.S.No.227/2024 seeking restitution of conjugal rights and also as the petitioner herein is having three minor children aged about 7, 6 and 3 years respectively, I am of the view that the petitioner has made out a case for transfer of O.S.No.227/2024 pending consideration before the Civil Judge and JMFC, Kalaghatagi to the competent Civil Court at Naragund, Gadag District forthwith. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 28