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Showing contexts for: HAVERI in Shivashankargouda vs Anuradha on 16 March, 2018Matching Fragments
This revision petition is directed against the judgment and order dated 10.01.2017, made by learned Prl. District and Sessions Judge, Haveri whereby three cases between the same parties i.e., O.S.Nos.213/2010, 55/2014 and 343/2015 are ordered to be transferred from the file of learned Prl. District and Sessions Judge, Hangal to the Court of learned Senior Civil Judge, Hangal for trial by clubbing the same.
2. The counsel for the petitioners lays a challenge to this order principally on two grounds viz. the power to transfer the case from one Court to another does not include the power to club the transferred cases for being tried by the transferee Court inasmuch as clubbing of the cases is a judicial decision to be taken by the trial Court whereas the transfer of cases from one Court to another is not so much judicial in nature. There is a lot of force in this submission.