IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.496/2017 C/W CRL.P.NO.9216/2016 IN CRL.P.NO.496/2017 BETWEEN:
SMT. GEETHA KAMATH, W/O VIVEK KAMATH D/O LATE PRABHAKAR PAI AGED ABOUT 45 YEARS, NOW PRESENT R/O NO.611, GAITONDE HOUSE, MAIN ROAD CHOTANI BHATKAL U.K.DISTRICT – 581320 …PETITIONER (BY SRI S.R.HEGDE HUDLAMANE, ADV.) AND:
SRI VIVEK KAMATH S/O BABURAI KAMATH AGED ABOUT 48 YEARS, R/O HADAVINAKONE NO.1, SHIRUR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT.
(BY SRI B.L.N. ACHAR, ADV.) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 CR.P.C PRAYING TO TRANSFER THE CRL.MISC.NO.254/2013 WHICH IS PENDING BEFORE THE II ADDL. CIVIL JUDGE AND J.M.F.C., KUNDAPURA TO PRL. CIVIL JUDGE AND J.M.F.C., BHATKAL IN U.K., DIST. AND DIRECT THE COURT TO DISPOSE OFF THE PETITION IN ACCORDANCE WITH LAW.
IN CRL.P.NO.9216/2016 BETWEEN:
SMT. GEETHA KAMATH, W/O VIVEK KAMATH D/O LATE PRABHAKAR PAI AGED ABOUT 45 YEARS, NOW PRESENT R/O NO.611, GAITONDE HOUSE, MAIN ROAD CHOTANI BHATKAL U.K.DISTRICT – 581320 …PETITIONER (BY SRI S.R.HEGDE HUDLAMANE, ADV.) AND:
SRI VIVEK KAMATH S/O BABURAI KAMATH AGED ABOUT 48 YEARS, R/O HADAVINAKONE NO.1, SHIRUR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576101.
…RESPONDENT (BY SRI B.L.N. ACHAR, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 CR.P.C PRAYING TO TRANSFER THE M.C..NO.993/2011 WHICH IS PENDING BEFORE THE II ADDL. CIVIL JUDGE AND J.M.F.C., KUNDAPURA TO PRL. C.J. AND J.M.F.C., BHATKAL IN U.K., DISTRICT AND DIRECT THE COURT TO DISPOSE OFF THE PETITION.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Memo is preferred by the learned Counsel for the petitioner seeking leave of the Court to withdraw the petitions filed under Section 407 of Cr.PC praying for transfer of proceedings pending on the file of II Addl. Civil Judge & JMFC at Kundapura, to the Court of Principal Civil Judge & JMFC at Bhatkal, on the premise that the original cases pending on the file of the Court at Kundapura, itself stood dismissed for default and that the said order has been called in question in Revision Petition before the Court of Additional District & Sessions Judge at Kundapura.
2. In view of the dismissal of the original petitions itself, the instant criminal petitions are rendered infructuous.
3. Learned Counsel for the petitioner seeks liberty to approach this Court once again under the same jurisdiction in the event of the original proceedings getting restored.
4. Reserving such liberty, these petitions are dismissed as withdrawn.
Sd/- JUDGE KK CT-HR