- 1 - HC-KAR CNR: KAHC010506852026 NC: 2026:KHC:38829 WP No. 23018 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23018 OF 2026 (GM-CPC) BETWEEN: RENOLD PRAVEEN KUMAR AGED ABOUT 61 YEARS S/O LAMUEL JATHANNA RESIDING AT 'GRACE' BRAHMAGIRI UDUPI DISTRICT-576103 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI SAMPAT ANAND SHETTY, ADVOCATE) AND: 1. THE PRINCIPAL DISTRICT AND SESSIONS COURT UDUPI (ON THE ADMINISTRATIVE SIDE) REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER DISTRICT COURT COMPLEX COURT ROAD, UDUPI DISTRICT-576101. 2. SUKESHINI RATHNAKARA SHETTY AGED ABOUT 70 YEARS W/O RATHNAKARA V. SHETTY RESIDING AT FLAT NO.301 VERSOVA KIRAN CHS LIMITED MHADA LAY-OUT SVP NAGAR ANDHERI (WEST) MUMBAI - 400 053. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010506852026 NC: 2026:KHC:38829 WP No. 23018 of 2026 3. SACHIT RATHNAKARA SHETTY AGED ABOUT 39 YEARS S/O RATHNAKARA V. SHETTY RESIDING AT FLAT NO.301 VERSOVA KIRAN CHS LIMITED MHADA LAY-OUT SVP NAGAR ANDHERI (WEST) MUMBAI - 400 053. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION TO QUASH THE ORDER BEARING NO. ADMN/94/2026 DATED 09/07/2026 PASSED BY THE 1ST RESPONDENT-PRINCIPAL DISTRICT AND SESSIONS COURT, UDUPI VIDE ANNEXURE-A, PURPORTEDLY IN EXERCISE OF THE POWER VESTED IN HIM UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 IN TERMS OF WHICH THE O.S NO. 10/2025 VIDE ANNEXURE B FILED BY THE PETITIONER HEREIN PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM UDUPI IS WITHDRAWN AND TRANSFERRED TO THE COURT OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI FOR DISPOSAL IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR CNR: KAHC010506852026 NC: 2026:KHC:38829 WP No. 23018 of 2026 ORAL ORDER Aggrieved by the order dated 09.07.2026 passed by the Principal District and Sessions Judge, Udupi, whereby the trial Court has transferred O.S.No.10/2025 pending before the Court of Principal Senior Civil Judge and CJM, Udupi, to the Court of Ist Additional Senior Civil Judge and ACJM, Udupi, for disposal in accordance with law, the petitioner is before this Court. 2. The Principal District and Sessions Judge, Udupi, had observed that the order of transfer shall come into force with immediate effect. Further, the advocates and litigants are directed to appear before the transferee Court on the next date of hearing without awaiting any notice. 3. Learned counsel appearing for the petitioner submits that when the matter was referred for mediation, this order was passed at that point of time. It is submitted that when none of the parties have filed an application seeking transfer, the Court ought to have recorded the reasons, and without recording any reasons, the Court cannot transfer the case from one Court to the other Court. - 4 - HC-KAR CNR: KAHC010506852026 NC: 2026:KHC:38829 WP No. 23018 of 2026 4. This Court has heard the learned counsel for the petitioner and has perused the impugned order. Before proceeding with the matter, it is appropriate to look at Section 24 of the Code of Civil Procedure. It deals with the general powers of transfer and withdrawal of any suit, appeal or other proceeding. As per Section 24(1) of the CPC, on the application of any of the parties, 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, 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 withdraw any suit, appeal or other proceedings pending in any Court subordinate to it. The impugned order shows that, in exercise of the powers vested under Section 24 of the CPC, the Court had transferred the suit. This Court is unable to appreciate any of the submissions made on behalf of the petitioner. The trial Court, on its own motion, can transfer the suit from one Court to another Court, and, for that purpose, no prior notice is required. This order has already been intimated - 5 - HC-KAR CNR: KAHC010506852026 NC: 2026:KHC:38829 WP No. 23018 of 2026 to the parties. In that view of the matter, this Court finds no reason to interfere. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 52