IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.54 OF 2015 BETWEEN:
DORESWAMY @ N R RAJU AGED ABOUT 32 YEARS, S/O LATE RAMAIAH, RESIDING AT NO.150 VIDYARANYA NAGARA MAGADI ROAD, BANGALORE-23. ... PETITIONER (BY SRI PAPI REDDY G, ADVOCATE) AND:
N M SOUMYA, W/O DORESWAMY @ N R RAJU AGED ABOUT 30 YEARS, NO.17-11, 3RD MAIN ROAD, 5TH CROSS, HOSAHALLI, VIJAYANAGARA, NEXT TO MASJID, BANGALORE-40, OLD R/AT NARAGANAHALLI VILLAGE KASABA HOBLI, NAGAMANGALA TALUK - 571408 ... RESPONDENT (BY SMT. GEETHA DEVI M P, ADVOCATE) **** THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PROCEEDINGS IN MC NO. 35/2013 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC NAGAMANGALA TO THE FAMILY COURT AT BANGALORE VIDE ANNEXURE-D.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed for transfer of M.C. No.35/2013 pending on the file of Senior Civil Judge & JMFC, Nagamangala, to the Family Court, Bengaluru.
Despite several adjournments, there is no representation by counsels for both parties.
The relief for transfer of M.C. No.35/2013 pending on the file of Senior Civil Judge & JMFC, Nagamangala, was claimed for the reason that the respondent-wife has field a suit for partition and separate possession of half share against the petitioner and his family members in respect of the properties belonging to the petitioner’s family, which is numbered as O.S. No.42/2013.
The case status report discloses that the suit in O.S. No.42/2013 was disposed of on 31.10.2018.
Hence, the civil petition does not survive for consideration.
Accordingly, the civil petition is dismissed for non-prosecution.
Sd/- JUDGE SJ