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Supreme Court - Daily Orders

Manasa K.M vs Ramchandraiah S. on 4 May, 2017

Bench: Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar

     CA 6406/17
                                                         1

                                            IN THE SUPREME COURT OF INDIA

                                            CIVIL APPELLATE JURISDICTION


                                             CIVIL APPEAL NO.6406 OF 2017
                                     (Arising out of S.L.P.(C) No.34356 of 2015)


                         Manasa K.M.                                          Appellant(s)


                                             Versus


                         Dr. Ramchandraiah S.                                 Respondent(s)



                                                       O R D E R

Leave granted.

Being dissatisfied with the order dated 26th August, 2015 passed by the High Court of Karnataka at Bengaluru in Civil Petition No.247 of 2014, declining to transfer M.C. No.117 of 2014, titled “Ramachandraiah S. vs. Manasa K.M.” in exercise of power under Section 24 of the Code of Civil Procedure, the present appeal, by special leave, has been preferred.

We have heard Mr. Mr. R.S. Hegde, learned counsel for the appellant and Mr. Anand Sanjay M. Nuli, learned counsel for the respondent.

Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2017.05.18

Having heard learned counsel for the parties and 14:43:56 IST Reason: regard being had to the convenience of the appellant-wife and the situation presently she is in, we are inclined to allow CA 6406/17 2 the appeal, set aside the order passed by the High Court and direct the transfer of the aforesaid case from the court of Principal Judge, Family Court, Tumakuru to the Family Court at Shivamogga City, Karnataka, along with all records for its adjudication.

The appeal is, accordingly, allowed.

.......................J. [Dipak Misra] .......................J. [A.M. Khanwilkar] .......................J. [Mohan M. Shantanagoudar] New Delhi May 04, 2017.

CA 6406/17
                                    3

ITEM NO.45                    COURT NO.2               SECTION IVA

                  S U P R E M E C O U R T O F     I N D I A
                          RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.34356/2015 (Arising out of impugned final judgment and order dated 26/08/2015 in CP No. 247/2014 passed by the High Court of Karnataka at Bangalore) MANASA K.M Petitioner(s) VERSUS DR. RAMCHANDRAIAH S. Respondent(s) (With interim relief and office report) Date : 04/05/2017 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. R.S. Hegde, Adv.
Mrs. Farhat J., Adv.
Mr. Chandra Prakash, Adv. Mr. Rajeev Singh, AOR For Respondent(s) Mr. Anand Sanjay M. Nuli, Adv.
Mr. Dharm Singh, Adv.
for M/s. Nuli & Nuli UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.



              (Chetan Kumar)                    (H.S. Parasher)
               Court Master                       Court Master
(Signed order is placed on the file)