- 1 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104064 OF 2023 (GM-CPC) BETWEEN: 1. SMT. GANGA W/O VISHWESHWAR KASHIGADDE, A/A. 57 YEARS, OCC. HOUSEHOLD, R/O. KANGOD, PO. MUNDAGANMANE, TQ. SIRSI, DIST. UTTARA KANNADA, REPRESENTED BY HER G.P.A. HOLDER, GANAPATI VISHWESHWAR KASHIGADDE, A/A. 38 YEARS, OCC. AGRICULTURIST, R/O. KANGOD, PO. MUNDAGANMANE, TQ. SIRSI, DIST. UTTARA KANNADA-581 304. 2. SMT. SEETA W/O RAMACHANDRA BHAT, A/A. 71 YEARS, OCC. AGRICULTURIST, R/O. KALLESHWAR, TQ. ANKOLA, DIST. UTTARA KANNADA-581 304, REPRESENTED BY HER G.P.A. HOLDER, GANAPATI VISHWESHWAR KASHIGADDE, A/A. 38 YEARS, OCC. AGRICULTURIST, R/O. KANGOD, PO. MUNDAGANMANE, TQ. SIRSI, DIST. UTTARA KANNADA-581 304. 3. SMT. YASHODA W/O GANAPATI BHAT, A/A. 51 YEARS, OCC. AGRICULTURIST, R/O. BIDREMANE, PO. IDAGUNDI, TQ. YELLAPUR, DIST. UTTARA KANNADA-581 359. … PETITIONERS (BY SRI. VIJAY MALALI, ADVOCATE) AND: 1. GANESH LINGANNA BHAT, A/A. 31 YEARS, OCC. AGRICULTURIST, R/O. MALAVALLI, PO. BARE, TQ. YELLAPUR, DIST. UTTARA KANNADA. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 2. NARASIMHA GANAPATI BHAT, A/A. 69 YEARS, OCC. AGRICULTURIST, R/O. MATTIGHATTA, PO. KELAGINAKERI, TQ. SIRSI, DIST. UTTARA KANNADA-581 304. 3. PARAMEWSHWAR GANAPATI BHAT, A/A. 62 YEARS, OCC. AGRICULTURIST, R/O. MALAVALLI, PO. BARE, TQ. YELLAPUR, DIST. UTTARA KANNADA-581 359. 4. DATTATRAY GANAPATI BHAT, A/A. 58 YEARS, OCC. RETIRED BSNL EMPLOYEE, R/O. KODSALLI, TQ. YELLAPUR, DIST. UTTARA KANNADA-581 359. 5. SMT. YASHODA LINGANNA BHAT, A/A. 60 YEARS, OCC. HOUSEHOLD, R/O. MAVALLI, PO. BARE, TQ. YELLAPUR, DIST. UTTARA KANNADA-581 359. 6. SMT. GODAVARI VENKATRAMAN BHAT, A/A. 34 YEARS, OCC. HOUSEHOLD, R/O. NUTAN NAGAR, JADDI, TQ. YELLAPUR, DIST. UTTARA KANNADA-581 359. 7. SMT. MALATI KOM JAGADISH PURANIK, A/A. 30 YEARS, HOUSEHOLD, R/O AT: AND PO. BASARURU, TAL. KUNDAPUR, DIST. UDUPI-576 201. 8. SANNAPPA SEETARAM BHAGWAT, A/A. 62 YEARS, AGRICULTURIST, R/O. REHABILITATION CENTER, HEGGAR, TAL. ANKOLA, DIST. UTTARA KANNADA-581 314. 9. SMT. RUKMINI @ GODAVARI KOM BALAKRISHNA JOSHI, A/A. 59 YEARS, HOUSEHOLD, R/O AT: MAPANBATAWADI, TAL. VENGURLA, DIST. SINDUDURGA. MAHARASHTRA STATE-416 520. - 3 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 10. SMT. SAVITA @ SAVITRI CHIPLONKAR, A/A. 57 YEARS, HOUSEHOLD, R/O AT: PARVATI NIVAS, KALMATBEDIYEVADI, TAL. JAANAKAVALI, DIST. SINDHUDURGA, MAHARASHTRA STATE-416 520. 11. SMT. VANDANA W/O GOPAL BHAT, A/A. 55 YEARS, HOUSEHOLD, R/O. MANJUNATH NAGAR, YELLAPUR TOWN, DIST. UTTARA KANNADA-581 359. 12. SMT. MAHALAXMI W/O GANAPATI BHAGWAT, A/A. 49 YEARS, HOUSEHOLD, R/O. REHABILITATION CENTER, HEGGAR, TAL. ANKOLA, DIST. UTTARA KANNADA-581 314. 13. KUMARI D/O GANAPATI BHAGWAT, A/A. 20 YEARS, STUDENT, R/O. REHABILITATION CENTER, HEGGAR, TAL. ANKOLA, DIST. UTTARA KANNADA-581 314. 14. VINAYAK S/O RAMACHANDRA BHAT, A/A. 54 YEARS, BRANCH POST MASTER, R/O AT: AND PO. REHABILITATION CENTER, KALLESHWAR, TAL. ANKOAL, DIST. UTTARA KANNADA-581 314. … RESPONDENTS (BY SRI. S.S. HEGDE, ADVOCATE FOR R1, R2, R5 AND R6; NOTICE TO R3, R7 TO R14 ARE SERVED; NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING IMPUGNED ORDER DATED 30-05-2023 SO PASSED BY LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA AT KARWAR DISMISSING THE TRANSFER PETITION AT MISCELLANEOUS CASE NO.91/2022 (ANNEXURE-E) AND TRANSFER O.S. NO.10/2018 PENDING ON THE FILE OF SENIOR CIVIL JUDGE COURT ANKOLA TO SENIOR CIVIL JUDGE COURT YELLAPUR TO BE TRIED ALONG WITH O.S. NO.38/2021, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 30.05.2023 rejecting the petitioners’ application for transfer of suit in O.S.No.10/2018 on the file of Senior Civil Judge, Ankola to Senior Civil Judge, Yellapur on the premise that the petitioners have filed suit for partition and separate possession in O.S.No.38/2021 before the Senior Civil Judge, Yellapur. 2. The application is opposed by the plaintiffs in O.S.No.10/2018. The learned District Judge has accepted the objection and dismissed the application on the premise that the suit before the Senior Civil Judge, Ankola is earlier to the suit before the Senior Civil Judge, Yellapur. 3. Learned counsel appearing for the petitioners would contend that under Section 24 of the Code of Civil Procedure (‘Code’ for short), there is no bar to transfer the case to the Court where the subsequent suit is pending and the learned District Judge was in error in dismissing the application. - 5 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 4. Learned counsel for the contesting respondents would submit that the learned District Judge is justified in dismissing the application on the premise that the suit filed by the contesting respondents in Senior Civil Judge, Ankola is the earlier suit. 5. Section 24 of the Code reads as under: “24. General power of transfer and withdrawal.—(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage— (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it; and (i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or - 6 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section,— (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) “proceeding” includes a proceeding for the execution of a decree or order. (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.” 6. On reading of the aforementioned provision, it is evident that there is no mandate that the second case has to be transferred to the Court where the first suit is pending. There is - 7 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 no bar to transfer the suit filed earlier to the court where second suit filed later is pending. 7. It is noticed from the cause title of the plaint in both cases, the plaintiffs in O.S.No.38/2021 are aged and are women. 8. Under these circumstances, the Court is of the view that the case can be transferred from Senior Civil Judge, Ankola to Senior Civil Judge, Yellapur. 9. Both suits shall be clubbed and common evidence shall be recorded. 10. It is made clear that evidence which is already recorded in O.S.No.38/2021 shall be treated as the evidence by the Competent Court. If any further evidence is required after clubbing, the parties shall be permitted to lead further, evidence and to cross-examine further. Examination-in-chief and cross- examination done so far in O.S.No.10/2018 on the file of Senior Civil Judge, Ankola shall also be treated as the part of evidence after clubbing. - 8 - HC-KAR NC: 2025:KHC-D:15605 WP No. 104064 of 2023 11. Both parties shall appear before the Senior Civil Judge, Yellapur on 17.12.2025 without further notice. 12. Hence, the following: ORDER (i) The Writ Petition is allowed. (ii) The parties who are not represented by the counsel before this Court in case if they don’t appear before the Senior Civil Judge, Ankola, the Court shall issue notice to them. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 5