IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL PETITION NO.34 OF 2016 BETWEEN:
1. Sri.G.H.Sharanappa S/o.Gadde Hanumanthappa, Age: 61 years.
2. G.S.Yathiraj, S/o.Sri.G.H.Sharanappa, Age: 23 years, 3. G.S.Nandraj, S/o.Sri.G.H.Sharanappa, Age: 21 years, 4. Smt.R.Dhakshayini W/o. Sri.G.H.Sharanappa, Age: 51 years.
All are resident of Plot No.202, Creative Suraj Apartment, Near Venkateshwar Temple, C.P.V.Block, Ganga Nagar Extension, Bengaluru. … Petitioners (By Sri. Padmanabha.V.Mahale, Sr.Advocate for Sri. Chandrashekar.P.Patil, Advocate) AND:
G.S.Vijayakumar, S/o.Sri.G.H.Sharanappa, Age: 29 years, R/at Sanganakal Village, Taluk & District: Ballari, 583 103. … Respondent (By Sri.Arjun Ajay, Advocate for Sri.D.Prabhakar, Advocate)) This Civil Petition is filed under Section 24 of CPC, praying to transfer O.S.No.183/2015, pending on the file of the Principal Civil Judge (Sr.Dvn.) & C.J.M. Court, Bellari to the Jurisdictional City Civil Court, Bengaluru, in the interest of justice and equity.
This Civil Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Padmanabha.V.Mahale, Sr.Advocate for Sri. Chandrashekar.P.Patil, learned counsel, for the petitioners.
Sri. Sri.Arjun Ajay, learned counsel for Sri.D.Prabhakar, learned counsel for the respondent.
2. The Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
3. In this petition filed under Section 24 of the Civil Procedure Code, 1908, the petitioners, inter alia, seek transfer of the suit in O.S. NO.183/2015 pending before the Principal Civil Judge (Sr. Dvn.)& CJM, Bellary, to the Court of competent jurisdiction at Bengaluru.
4. Facts giving rise to filing of these writ petitions briefly stated are that the respondent, who is the son of petitioner No.1, has filed the aforesaid suit seeking the relief of partition and separate possession at Bellary. On receipt of the summons, the petitioners who are the defendants in the suit, have entered appearance and thereafter, they have filed an application seeking transfer of the proceedings.
5. Learned counsel for the petitioners submitted that the distance between Bengaluru and Bellary is 310 kms. Petitioner No.1 is the senior citizen, aged about 61 years and he is suffering from various diseases. In support of the aforesaid submission, the documents at Annexures-C to H have been produced along with the petition. It is further submitted that petitioner No.4 is the woman and she is suffering from abdominal problem and she is taking treatment in various hospitals. It is also submitted that petitioner Nos.2 and 3 are the students of Bachelor of Engineering Course. It is also pointed out that 50% of the property in respect of which the suit is instituted is situated in Bengaluru and therefore, the suit be transferred from the Court of Bellary to the Court of competent jurisdiction at Bengaluru.
6. On the other hand, learned counsel for the respondent has opposed the prayer and submitted that inconvenience would be caused in case the suit is transferred from the Court at Bellary as the respondent has livelihood at Bellary.
7. I have considered the submissions made by learned counsel for the parties and have perused the records.
8. Perusal of the documents annexed with the petition at Annexures-‘C’ to ‘H’ and Annexures-‘J’ to ‘O’ as well as the fact that petitioner No.1 has received the life threat from the respondent and that three criminal complaints have been lodged against the respondent, out of which, in one case, charge sheet has been filed and taking into account that petitioner Nos.1 and 4 are the senior citizens, I deem it proper to transfer the proceedings. Therefore, it is it is directed that the suit instituted by the respondent in O.S.No.183/2015 which is pending before the Principal Civil Judge (Sr. Dvn.)& CJM, Bellary shall stand transferred to the Court of competent jurisdiction at Bengaluru.
9. Accordingly, this petition is disposed of.
Sd/- JUDGE Cs/- ct:rg