Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43261 CP No. 243 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION No.243 OF 2025 BETWEEN:
SMT AMBIKA W/O LATE BASAVARAJA AGED ABOUT 80 YEARS, R/AT. NO.1/8, BORE BANK ROAD, PAPANNA GRADEN, BENSON TOWN POST, N.C. COLONY, BANGALORE-560046 …PETITIONER (BY SRI THUSHANATH C V, ADVOCATE) AND:
1.
LAKSHMI. V.
W/O LATE MANJUNATHA B.
AGED ABOUT 40 YEARS R/AT MAHABALA RAO COMPOUND, JANNAPURA, POST BHADRAVATHI TALUK-577 301
2.
RISHIKA M D/O LATE MANJUNATHA B AGED ABOUT 13 YEARS, R/AT MAHABALA RAO COMPOUND, JANNAPURA, POST BHADRAVATHI TALUK-577 301 MINOR, REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT. LAKSHMI V.
3.
SUJATHA B W/O B.R. RAMESH AGED ABOUT 50 YEARS, HOUSE WIFE
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:43261 CP No. 243 of 2025
R/AT. No. PAPANNA GARDEN, BENSON TOWN POST, BANGALORE NORTH-560 046 …RESPONDENTS (BY SRI PRUTHVI WODEYAR, ADVOCATE FOR R1;
R2 IS MINOR REPRESENTED BY R1;
SMT.POORNIMA.G.V, ADVOCATE FOR R3)
THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO WITHDRAW THE PETITION/CASE IN OS No.229/2024 FROM THE HON’BLE COURT OF THE PRL. SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI WHICH IS GIVEN HEREIN AT ANNEXURE A AND TO TRANSFER THE SAME TO THE HON’BLE COURT OF SENIOR CIVIL JUDGE AT NELAMANGALA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri Thushanath, learned counsel for the petitioner and Sri Pruthvi Wodeyar, learned counsel for the respondent No.1 and Smt.Poornima G.V., learned counsel for the respondent No.3.
2. Petitioner filed the present Civil Petition under Section 24 of the Code of Civil Procedure with the following prayer:
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HC-KAR NC: 2025:KHC:43261 CP No. 243 of 2025
“The petitioner humbly pray that this Hon’ble Court be pleased to pass an order:
(a) To withdraw the petition/case in O.S.No.229/2024 from the Hon’ble Court of the Prl. Senior Civil Judge and JMFC at Bhadravathi, which is given herein at Annexure-A and to transfer the same to the Hon’ble Court of Senior Civil Judge at Nelamangala.
(b) Allow the petition with cost.”
3.
Learned counsel for the petitioner submits that the petitioner is suffering from several old age ailments and therefore, it is difficult for her to travel from Bengaluru to Bhadravathi. Further, suit item Nos.4 and 5 are situated within the jurisdiction of Nelamangala. Therefore, he submits that O.S.No.229/2024 pending on the file of the Prl. Senior Civil Judge and JMFC, Bhadravathi, may be transferred to the Court of Senior Civil Judge at Nelamangala, for effective disposal of the suit.
4. The said submission is opposed by the learned counsel for the respondents.
5. Taking note of the pendency of the cases before the Court at Nelamangala and pendency of the cases before the Court at
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HC-KAR NC: 2025:KHC:43261 CP No. 243 of 2025
Bhadravathi through National Judicial Data Grid (NJDG), cases pending on the file of the Court at Bhadravathi may get
disposed of earlier.
6. Further, difficulty in attending the Court at Bhadravathi by the petitioner who is resident of Bengaluru can be quelled by directing the petitioner to appear through video conferencing, unless the physical presence is very much necessary.
7. If any such application is filed by the petitioner before the Court at Bhadravathi, learned Trial Judge shall permit the petitioner to appear through video conferencing.
8. With that observation, the following:
ORDER (i) Civil Petition dismissed.
(ii) Taking note of the age of the petitioner suit shall be expedited. (iii) At this stage learned counsel for the petitioner submits that petitioner is unable to make use of video conferencing facility as she is unable to even use the mobile telephone.
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HC-KAR NC: 2025:KHC:43261 CP No. 243 of 2025
(iv) If that is so, petitioner may visit the Nelamangala Court and make use of the services of e-seva Kendra in Nelamangala and effectively participate in the suit.
Sd/- (V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 18