Sri K Yuvaraj vs Sri Prakash on 24 April, 2025

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Karnataka High Court

Sri K Yuvaraj vs Sri Prakash on 24 April, 2025

Bench: H.T. Narendra Prasad

                                                 -1-
                                                           NC: 2025:KHC:16767
                                                        WP No. 12426 of 2025




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 24TH DAY OF APRIL, 2025

                                              BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                             WRIT PETITION NO. 12426 OF 2025 (GM-CPC)
                      BETWEEN:
                      1. SRI K YUVARAJ
                         S/O LATE K.V KRISHNANANDA
                         AGED ABOUT 53 YEARS
                         R/A NO.331, AMAR AMBAREESH
                         ENCLAVE LAYOUT, 1ST CROSS
                         MADAGALLI 2ND STAGE
                         BOGADI, MYSURU-570026
                         MOB:8050241936.

                      2.    K.VEERANNA GOWDA
                            S/O LATE K.V KRISHNANDA
                            AGED ABOUT 57 YEARS
                            R/A NO.1114, 11TH CROSS
                            9TH MAIN, 3RD STAGE
                            GOKULAM, MYSURU-570002
                            MOB:9986558749.
                                                               ...PETITIONERS
Digitally signed by   (BY SRI. HRITHIK GOWDA K V., ADVOCATE)
HEMALATHA A
Location: HIGH        AND:
COURTOF
KARNATAKA             SRI.PRAKASH
                      S/O LATE BETTE GOWDA
                      AGED ABOUT 57 YEARS
                      R/A RATHNA MAHAL
                      NEAR MARATIKYATHANAHALLI GATE
                      JYAPURA HOBLI, MYSURU TALUK.
                                                               ...RESPONDENT
                           THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
                      227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
                      ENTIRE PROCEEDINGS IN MISC.143/2023 FILED BY THE
                      RESPONDENT PENDING BEFORE THE HON'BLE PRINCIPAL
                      DISTRICT AND SESSIONS JUDGE AT MYSURU AS THE SAME IS
                                     -2-
                                                         NC: 2025:KHC:16767
                                                   WP No. 12426 of 2025




ILLEGAL AND ULTRA VIRES VIDE ANNEXURES- A AND AZ AND
ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:         HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                            ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners (respondents in Misc.No.143/2023), seeking for setting aside or quashing the entire proceedings in Misc.No.143/2023 filed by the respondent herein under Section 24 of CPC.

2. The respondent herein has filed the said miscellaneous petition under Section 24 CPC seeking transfer of the suit in O.S.No.923/2021, pending on the file of the II Additional Civil Judge and JMFC, Mysuru, to the Court of the XIII Additional Civil Judge and JMFC, Mysuru, where O.S.No.872/2021 is pending.

3. If the petitioner is aggrieved by any order passed by the Principal District and Sessions Judge, Mysuru, in -3- NC: 2025:KHC:16767 WP No. 12426 of 2025 Misc.No.143/2023, he can approach the appropriate legal forum. Since no order has been passed in Misc.No.143/2023, at this stage, the writ petition is not maintainable.

4. Accordingly, the writ petition is dismissed.

Sd/-

(H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 1

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