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2025 DAILYLAW 87789 (KAR)

SMT ANNAPURNAMMA @ PURNAMMA v. SRI B C GOWDA

CP/154/2025 · 2025-10-13

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40294 CP No. 154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 154 OF 2025 BETWEEN: 1. SMT ANNAPURNAMMA @ PURNAMMA W/O LATE JAYAPPA, AGED ABOUT 60 YEARS, RESIDING AT BYALALU VILLAGE, CHITRADURGA TQ AND DIST-577 541 2. SMT REVAKKA, W/O SHIVAMURTHY, AGED ABOUT 55 YEARS, MATADHA DYAMAVANNA HALLI, KASABA HOBLI, JAGALUR TALUK, DAVANAGERE DISTRICT-577 512. 3. SRI B.C.BANAPPA, S/O LATE CHANDRAPPA, AGED ABOUT 53 YEARS, 4. SRI REVANNA @ REVANASIDDAPPA, S/O LATE CHANDRAPPA, AGED ABOUT 51 YEARS, 5. SRI PAMPAPATHI, S/O LATE CHANDRAPPA, AGED ABOUT 49 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40294 CP No. 154 of 2025 THE RESPONDENTS 3 TO 5 ARE RESIDING AT HOSARANGAPURA VILLAGE, ALAGAVADI POST- 577 541. CHITRADURGA TQ AND DIST. 6. SMT RUDRAMMA, W/O SURESH, AGED ABOUT 44 YEARS, KURKI VILLAGE - 577 541. DAVANAGERE - TQ AND DIST. 7. SMT SAVITHRAMMA, W/O NAGRAJAPPA, AGED ABOUT 40 YEARS, CHIRADONI VILLAGE, CHANNAGIRI TALUK-577 231. DAVANAGERE DISTRICT. …PETITIONERS (BY SRI. KRISHNAMURTHY M.R., ADVOCATE) AND: 1. SRI B C GOWDA S/O LATE CHANDRAPPA, AGED ABOUT 46 YEARS, 2. SMT NIRMALA, W/O B.C.GOWDA, AGED ABOUT 36 YEARS, 3. SRI YOGESHA, S/O LATE CHANDRAPPA, AGED ABOUT 57 YEARS, - 3 - HC-KAR NC: 2025:KHC:40294 CP No. 154 of 2025 THE RESPONDENTS NO. 1 TO 3 RESIDING AT HOSARANGAPURA VILLAGE, ALAGAVADI POST - 577 541. CHITRADURGA TQ AND DIST. …RESPONDENTS (BY SRI. R SHASHIDHARA., ADVOCATE FOR R1 AND R2) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER OS NO.106/2019 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, JAGALUR AND OS.NO.208/2019 PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC AT CHITRADURGA TO ONE COURT WITH A DIRECTION TO TRY BOTH THE CASES SIMULTANEOUSLY AND ALLOW THE PETITION WITH COST AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Krishnamurthy M.R., learned counsel for the petitioners. 2. Present Civil Petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: - 4 - HC-KAR NC: 2025:KHC:40294 CP No. 154 of 2025 "WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court may be pleased to transfer O.S.No.106/2019 pending on the file of Civil Judge and JMFC, Jagalur and O.S.No.208/2019 pending on the file of the II Addl. Civil Judge and JMFC at Chitradurga to one court with a direction to try both the cases simultaneously and allow the petition with cost and grant such other relief as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice." 3. Learned counsel Sri. R. Shashidhara appearing for the respondents submits that he has no objection for transfer of the suit. 4. Learned counsel Sri. Krishnamurthy M.R. submits that both the suits shall be tried by one and the same Judge so as to avoid the multiplicity of proceedings and contradictory order. 5. Thus, if the suit in O.S.No.208/2019 is transferred from Jagalur to Chitradurga, ends of justice would be met. - 5 - HC-KAR NC: 2025:KHC:40294 CP No. 154 of 2025 6. Accordingly, the following Order: ORDER Suit pending in O.S.No.106/2019 at Jagalur is hereby directed to be withdrawn and post it before the Civil Judge, Senior Division and to be tried along with O.S.No.218/2019. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 49 CT:PS