IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL PETITION NO.284 OF 2018 BETWEEN:
1. Sri.Inder Bohra S/o Late Sri.C.S.Pannalal, Aged abut 60 years, ‘Bohra House’ 17/2, Campbell Road, Bengaluru-560 047.
2. Smt.Chandra Bai, W/o.Late Sri.S.Prasanlal, D/o.Late Sri.C.S.Pannalal, Aged about 68 years, No.282, 8th Cross, Lakshmi Road, Shanthinagar, Bengaluru-560 027.
3. Smt.Hemalatha, W/o Sri.F.Shanthikumar, D/o.Late Sri.C.S.Pannalal, Aged about 66 years, No.219, Dr Radha Krishnan Road, Shivananda Colony, Coimbatore-400 012.
4. Smt.S.Santhosh, W/o. Late Sri.Heerachand, Daughter-in-law of Late Sri.C.S.Pannalal, Aged about 60 years, ‘Ashwija’, 3rd Cross Road, Robertsonpet, Coimbatore-400 012.
5. Sri.Manish Bohra, S/o. Late Sri.Surendra Kumar, Grandson of Late Sri.C.S.Pannalal, Aged about 38 years, ‘Ashwija’, 3rd Cross Road, Robertsonpet, Coimbatore-400 012.
6. Sri.Sapna Dugar, S/o.Late Sri Surendra Kumar, Grandson of Late Sri.C.S.Pannalal, Aged about 41 years, ‘Ashwija’, 3rd Cross Road, Robertsonpet, Coimbatore-400 012.
7. Smt.Asha Galada, W/o.Sri.Kesari Chand Galada, D/o Late Sri.C.S.Pannalal, Aged about 63 years, Block 4, Flat 7C ‘Arihant Vaikunt Apartments’. 123-125 Bricklin Road, Purasawakkam, Chennai-600 007.
… Petitioners (By Smt.Vaishali Hegde, Advocate) AND:
1. Smt.D.Mangala, W/o Sri.Dileep Bhandari, D/o.Late Sri.C.S.Champalal, Aged about 62 years, R/o No.73, Nungambakam High Road, Chennai-600 034.
2. Sri.C.Kamal, S/o.Late.Sri.C.S.Champalal, Aged about 62 years, R/o No.76, Jain Temple Street, Robertson Pet, K.G.F.
3. Smt.M.Tara, W/o.Sri.Madan Challani, D/o.Late Sri.C.S.Champalal, Aged about 60 years, R/o No.176(12), Bricklin Road, Tuhlumbini Square, 3rd Block, 5th Floor, Shree Junj, Purushwakkam, Chennai-600 007.
4. Sri.S.V.Vimal Kumar, S/o Late Sri.C.S.Champalal, Aged about 58 years, R/o.No.76, Jain Temple Street, Robertson Pet, K.G.F.
5. Smt..A.Sarala, W/o Sri.Anil Bantia, D/o Late Sri.C.S.Champalal, Aged about 56 years, R/o No.27, 1st Floor, Road No.1, West, Moreedapalli, Secunderabad, Andhra Pradesh.
… Respondents (By Sri.P.Raghavan, Advocate for Sri.C.Pattabi Raman, Advocate) This Civil Petition is filed under Section 24 of Code of Civil Procedure, praying to transfer of the Regular Appeal 73/2018 from the Court of Principal District and Sessions Judge at Kolar to this Hon’ble Court and Post along with RFA No.294/2017 in the interest of justice and equity.
This Petition coming on for Orders this day, the Court made the following:-
ORDER With the consent of both the parties, the matter is heard finally.
2. In this petition under Section 24 of Code of Civil Procedure, 1908 (hereinafter referred to as the ‘Code’ for short), the petitioners inter-alia seek transfer of the Regular Appeal No.73/2018 from the court of Principal District and Sessions Judge, Kolar to this Court and post along with RFA No.294/2017.
3. Learned counsel for the petitioners submits that the petitioners have filed R.A.No.73/2018, which is pending before the Principal District and Sessions Judge, Kolar. The decision in RFA No.294/2017 shall govern the disposal of R.A.No.73/2018,as the subject matter of the dispute in both the appeals are common. Therefore, the proceedings in R.A.No.73/2018 be transferred to this Court and be posted along with RFA No.294/2017.
4. Learned counsel for respondents submits that he has no objection to the aforesaid prayer.
5. In view of the aforesaid submission and taking note of the fact that the decision in RFA No.294/2017 shall govern the disposal of R.A.No.73/2018, the same is directed to be transferred to this Court and be tagged along with RFA No.294/2017.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-