IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CRP NO.411 OF 2018 BETWEEN:
1. Smt. Bharathamma, Aged about 61 years, W/o. Late Y.V.Lakshminarayana, R/at No.26, 8th Cross, Bandappa Road, Yeshwanthpura, Bengaluru – 560 022.
2. L.Manjula D/o. Late Y.V.Lakshminarayana, Aged about 47 years, R/at. 261/2, 5th Block, 2nd Cross, Bommasandra, Bengaluru – 560 097.
3. Komala.L.
D/o. Late. Y.V.Lakshminarayana, Aged about 45 years, Anjanadri Badavane, Shetty Halli, Jalahalli West, Bengaluru – 560 015.
4. Sujatha L.
D/o. Late Y.V.Lakshminarayana, Aged about 43 years, R/at 487, 1st Main, Kamalanagar, Bengaluru – 560 079.
5. L.Vanitha, D/o. Late Y.V.Lakshminarayana, Aged about 34 years, R/at No.26, 8th Cross, Bandappa Road, Yeshwanthpura, Bengaluru – 560 022. …Petitioners (By Sri. K.Vijaya Kumar, Advocate) AND:
Y.V.Lakshminarayana, S/o. Late R.Venkatapathi Shetty, Since Dead by his LRs. (Petitioner and Respondent No.4) L. Venugopal, S/o. Late Y.V. Lakshminarayana, Since dead by his Lrs.
1. Smt. Nanjamma, W/o. Late L.Venugopal Aged about 42 years 2. Smt. Sandya, D/o. Late L. Venugopal Aged about 25 years 3. Y.V.Kiran Kumar S/o. Late L. Venugopal Aged about 22 years Respondents No.1 to 3 are Residing at No.26/1, 8th Cross, Bandappa Road, Yeshwanthapura, Bengaluru – 560 022.
4. L.Kavitha, Aged about 38 years, R/at 1202, L.N.Colony 5th Cross, Yeshwanthpura, Bengaluru – 560 022.
5. Smt. Saraswathi, Aged about 40 years, 6. Kum. L. Lavanya, Aged about 24 years, Respondent 5 & 6 are R/at No.18-19, “Sheshadri” Anjanadri Badavane, Shetty Halli, Jalahalli West, Bengaluru – 560 015.
7. Deepak Sahakari Bank Ltd., No.1703, 28th Cross Road, 2nd Extention, Rajajinagar, Bengaluru – 560 010. Represented by its Manager 8. Smt. Jayalakashmamma, W/o. Late Y. V. Lakshminarayana, Aged about 65 years, R/at No.19, Seshadri Anjanadri Layout, Shettihalli, Jalahalli East, Bengaluru – 560 015. ... Respondents This CRP is filed under Section 115 of CPC, against the order dated 06.06.2018 passed in Mis.No.279/2018 on the file of the Principal City Civil and Sessions Judge, Bengaluru dismissing the petition filed under Section 24 of CPC.
This CRP coming on for Admission this day, the Court made the following:-
ORDER This petition is filed for setting aside the impugned order dated 06.06.2018 passed by the Principal City Civil & Sessions Judge at Bengaluru in Misc.No.279/2018.
2. Learned counsel for the petitioners submits that petitioners had filed a petition under Section 24 of C.P.C., seeking transfer of O.S.No.4037/2013 clubbed with O.S.No.7166/2015 pending on the file of Additional City Civil & Sessions Judge, Bengaluru (CCH-3) to any other Court. The trial Court has dismissed the petition. Being aggrieved by the said order, this revision petition is filed.
3. The grounds urged for transfer are that:
1. The Presiding Officer of CCH-3 was biased.
2. In O.S. No.4037/2013, two order sheets were maintained which led to suspicious circumstances.
4. As far as the first contention is concerned, it is submitted that, the Presiding Officer, who was functioning in CCH-3 is transferred, as such, the said ground does not survive for consideration.
5. The second contention is that there are two order sheets dated 23.03.2018 and dated 28.03.2018. On comparing, the contents of both these order sheets are one and the same. Thus, there are no valid grounds to hold that these two order sheets are created with deliberate intention to favour the parties. But there are no reasonable grounds to substantiate the contention of the petitioners. If the parties are put to injustice on account of biased conduct of the Presiding Officer, then necessary orders could have been passed to transfer the case to any other Court. But, in the instant case, the Presiding Officer of CCH-3 is transferred. Under these circumstances, the petition does not survive for consideration, and there are no valid grounds to transfer the case.
Accordingly, the revision petition is dismissed.
Sd/- JUDGE KTY