Sri K Ananda Gowda vs Smt Hemaprabha L on 27 August, 2012

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Karnataka High Court

Sri K Ananda Gowda vs Smt Hemaprabha L on 27 August, 2012

Bench: Ajit J Gunjal

                             -1-

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 27TH DAY OF AUGUST 2012

                      BEFORE
        THE HON'BLE MR. JUSTICE AJIT J GUNJAL

                       CP No.23/2012

BETWEEN :

SRI K ANANDA GOWDA
S/O LATE DEVU GOWDA
AGED ABOUT 38 YEARS
R/AT DOOR NO.128, 2ND CROSS
NETRAVATHY STREET,
BEHIND TTK FACTORY
UDAYANAGAR
BANGALORE                                      ...PETITIONER

                   ( By Sri. N R GIRISHA )

AND :


SMT HEMAPRABHA L
D/O SRI LATE BALAKRISHNA
W/O K ANANDA GOWDA
AGED ABOUT 38 YEARS
R/AT M P 204/2(7), 6TH BLOCK,
ANNAPURNESWARI HOUSE,
SUBASHCHANDRA NAGAR
KULAI MANGALORE                            ...RESPONDENT

                    ( By Sri. A M VIJAY)


      C.P is filed under Section 24 CPC praying to transfer
O.S.No.66/2011 from the II Addl.Family Court, Bangalore to V
Addl.City Civil Court, Bangalore.
                                  -2-

      This C.P coming on for Admission this day, the Court passed the
following:-

                             ORDER

The marriage between the petitioner and respondent was performed on 5-12-1996. There appears to be some matrimonial dispute, nevertheless, through the wedlock two children are born. It appears the respondent-wife has initiated proceedings seeking dissolution of the marriage in Bangalore which is still pending. Respondent also filed a suit for partition and separate possession in O.S.No.66/2010 on the file of Family Court, Bangalore. It appears, petitioner- husband also filed a suit in O.S.No.6965/2011 seeking declaration that respondent-wife is banami purchaser of the suit schedule property in as much as the entire sale consideration was financed by him. It appears, respondent- wife has filed an application seeking rejection of the plaint under Order VII Rule 11(a) & (d) CPC and the same is rejected.

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2. It is stated the respondent-wife has filed a revision and it is yet to come -up for admission.

3. Apparently, the subject matter of the suits filed by the respondent and petitioner are for one and the same relief. However, the suit filed by the respondent is more comprehensive in as much as it is a suit for partition and separate possession. Be that as it may, I am of the view, if the suit filed by the petitioner in O.S.No.6965/2011 is withdrawn and is heard along with the suit filed by the respondent in O.S.No.66/2011, it would meet the ends of justice. However, such transfer shall not come in the way of respondent pursuing her revision petition in this Court for rejection of plaint. Hence, the following order:-

O.S.No.6965/2011 pending on the file of V Addl.City Civil Judge, Bangalore (CCCH-13) is withdrawn and is to be tried along with O.S.No.66/2011 pending on the file of II Addl.Principal Judge, Family Court, Bangalore. -4-

All contentions are left open to be adjudicated.

4. Petition stands disposed of accordingly.

SD/-

JUDGE MP

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