Smt Sowmya vs Sri Mahendra D on 16 February, 2018

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Karnataka High Court

Smt Sowmya vs Sri Mahendra D on 16 February, 2018

Bench: K. N. Phaneendra

                          1



 IN THE HIGH COURT OF KARNATAKA, BENGALURU

  DATED THIS THE 16TH DAY OF FEBRUARY, 2018

                      BEFORE

   THE HON'BLE MR.JUSTICE K. N. PHANEENDRA

           CIVIL PETITION NO. 263/2015
BETWEEN

SMT. SOWMYA,
W/O MAHENDRA D.,
D/O BASAVARAJ,
AGED ABOUT 23 YEARS,
R/O CHIKKABANAVARA VILLAGE,
ARSIKERE TALUK-573 101
HASSAN DISTRICT                     ... PETITIONER

(BY SRI.JAGADEESH H. T., ADV.)

AND

SRI. MAHENDRA D.,
S/O DEVNDRAPPA Y M.,
AGED ABOUT 24 YEARS
R/AT NO.76,
MANJUNATHA BUILDING
I FLOOR, NEAR GHPS,
ABBIGERE,
CHIKKABANAVARA POST,
BENGALURU-90                      ... RESPONDENT

(BY SRI. SREERANGAIAH, ADV.)

     THIS CIVIL PETITION IS FILED UNDER SECTION 24
OF CPC., PRAYING TO PASS APPROPRIATE ORDER/S
DIRECTION/S TO TRANSFER MC NO.4064/2015 PENDING
ON THE FILE OF THE HON'BLE PRINCIPAL JUDGE, FAMILY
COURT AT BENGALURU TO THE COURT OF HON'BLE
SENIOR CIVIL JUDGE AND JMFC, ARSIKERE.
                                2



     THIS CIVIL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. The respondent's counsel submits before the court that, in the matter in MC No.4064/2015, which is sought to be transferred from the Principal Judge, Family Court at Bengaluru, to the court of learned Senior Civil Judge and JMFC, Arasikere, has already been posted for judgment. The petitioner herein did not appear in the said case, in spite of the knowledge about the pendency of the case.

3. Learned counsel for the petitioner submits that, he has also instructed his client to appear before the said court on 28.02.2018.

4. In view of the said submission, in my opinion, as it is submitted that, the matter is already posted for judgment, this petition does not survive for consideration for transfer, at this stage. Hence, the petition deserves to 3 be dismissed. Accordingly, the petition is dismissed with liberty to the petitioner to approach this court if necessary, afterwards.

Sd/-

JUDGE KGR*

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Karnataka High Court