IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ASHOK G.NIJAGANNAVAR CP No.370/2018 BETWEEN:
1. Sri Mayura, s/o Mallappa Aged about 41 years.
2. Sri Ningaraju, s/o Mallappa Aged about 44 years.
3. Sri Nagaraj, s/o Mallappa Aged about 40 years.
Petr. No.1 to 3 are r/a No.28, Alanahalli Siddartha Post Mysore – 570 028. .. Petitioners (By Smt.K B Jayalakshmi for Sri Shivarama Bhat, Advocates) AND:
1. Smt.C Rani w/o S Pandiyan Aged about 41 years R/a No.805, 1st Main Cantoor Road, 3rd Stage Gokulam, Mysore.
2. Sri B Krishnamurthy s/o Doddamarimadappa Aged about 67 years r/a Sujjahalli village Chikkarasinakere Hobli Maddur Taluk, Mandya District – 571 404.
3. Smt.M Jayamma w/o C Shekar d/o H Muddappa Aged about 44 years r/a Belakavadi village B G Pura Hobli Malavalli Taluk Mandya District-571 430.
4. Sri Nataraja Murthy s/o H S Nagalingappa aged about 68 years School Teacher Sri Nirvana R H School Degula Mutt. Kanakapura Bengaluru District – 56.
5. Smt.Annapoorna w/o Natarajamurthy Aged about 54 years RMPH School, Degula Mutt. Kanakapura Bengaluru Dist.
Bengaluru – 562 117.
6. Sri N M Nataraj s/o late N G Marimadappa Aged about 79 years.
7. Smt.Hema w/o N M Nataraj Aged about 54 years.
No.6 & 7 are r/a Nenanur Village, Kirgavalu Hobli Malavalli Taluk Mandya – 571 430.
8. N Aravind s/o T Nagaraj Aged about 46 years.
9. Smt.L Pavithra w/o N Aravind aged about 37 years.
No.8 & 9 are r/a No.1321 General Hospital Road Nehru Nagar, Mandya-571401.
10. Dr.K Sridhar Murthy s/o late Thimmegowda Aged about 64 years r/a No.2961, Second Cross, Bandigowda Layout, Mandya-571401.
11. Smt.N Anitha w/o Dr.K Sridhar Murthy Aged about 52 years D No.2961, 2nd Cross Bandigowda Layout Mandya – 571430.
Sri M Muddappa s/o M Madappa Dead by Lr’s.
12. Smt.M Nagarathna w/o M Mahadevappa aged about 67 years.
13. Smt.Nagarathna w/o Late Mahadevappa aged about 72 years.
14. M Deepak s/o Late M Mahadevappa aged about 53 years.
15. Dr.M Karthik s/o late M Mahadevappa aged about 48 years.
No.12 to 15 are r/a No.9 Rathna Nilaya, 2nd Cross 2nd Main, Dattagalli Vivekanandanagara Circle Mysore – 570 023.
16. Sri Srinivas N R s/o H Ramaiah Aged about 40 years r/a Madavadi village Talakadu Hobli T Narasipura Taluk Mysuru District – 570034.
17. Mallappa s/o Mallannana Chowdaiah aged about 82 years r/a Halanahalli village Kasaba Hobli Mysuru Taluk – 570012.
18. Smt.Mahadevamma w/o Mallappa r/a No.46, Alanahally Kasaba Hobli Mysore – 570 028.
19. Shivananjappa s/o Madappa aged about 62 years r/a Alanahalli village Kasaba Hobli Mysuru Taluk-570028.
20. Shivanna @ Dowdagere Shivanna, father name not known, aged about 82 years, Retired Survey Supervisor, Bookanakatte Road, Opp. Chowdeshwari Form, Alanahalli Mysuru – 570028. .. Respondents (By Smt.Sukanya H D, Advocate for R1 to R15, R19 and R20, R16, R17 and R18 served) This CP is filed under Section 24 of CPC praying to direct the transfer of RA No.292/2018 pending on the file of VII Additional District Judge, at Mysuru and hear the said appeal along with appeal filed by the petitioners herein in RFA No.1168/2018 pending before this Hon’ble Court which has been arisen out of the common judgment and decree dated 7.4.2018 passed in OS No.1554/2006 and OS No.505/2010 on the file of IV Addl. Senior Civil Judge and JMFC, Mysuru between the same parties.
This CP is coming on for admission this day, the Court passed the following:
ORDER This petition is filed seeking transfer of RA No.292/2018 pending on the file of the VII Additional District Judge, Mysuru to High Court and to hear the said appeal along with RFA No.1168/2018 pending on the file of this Court.
2. The case of the petitioners is that RFA No.1168/2018 is filed by the petitioners herein, who are the respondents in RA No.292/2018 pending on the file of the VII Additional District Judge, Mysuru. The said RFA No.1168/2018 and RA No.292/2018 have arisen out of the common judgment and decree dated 7.4.2018 passed in OS No.1554/2006 and OS No.505/2010 by the IV Additional Senior Civil Judge and JMFC, Mysuru. Under these circumstances, it is necessary to hear both the matters by the same Court in order to avoid conflicting judgment.
3. Reiterating the contentions made in the petition, the learned counsel for the petitioners submitted that in the event of transferring RA No.292/2018 to this Court and to club the same in RFA No.1168/2018, no hardship or prejudice would be caused to the otherside.
4. Learned counsel for the respondents has filed a memo stating that the respondents have no objection to transfer RA No.292/2018 to this Court. Further it is submitted that the respondents have sought for an order directing both parties to maintain status-quo ante as on the date of filing of the appeal until further orders.
5. Learned counsel for the petitioners submitted that the petitioners have no objection for granting order of status-quo till clubbing of RA No.292/2018 along with RFA No.1168/2018.
6. Considering the submissions made by learned counsel for both parties, the memo is taken on record.
Accordingly, petition is allowed. RA No.292/2018 pending on the file of the VII Additional District Judge, Mysuru is ordered to be transferred to the High Court and the same shall be clubbed with RFA No.1168/2018 pending on the file of this Court. Both parties are directed to maintain status quo till clubbing of RA No.292/2018 with RFA No.1168/2018.
Office is directed to call for LCR and intimate the Court below to send the records in RA No.292/2018 for the purpose of clubbing with RFA No.1168/2018.
Sd/- JUDGE Bkm.