IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL PETITION NO.212 OF 2017 BETWEEN:
SRI V.UMESH S/O LATE VENKATESH M., AGED ABOUT 36 YEARS, R/AT NO.772, 1ST FLOOR, "SRI VENKATESHWARA NILAYA" OLD KHATA HOUSE LIST NO.308/2, 341/2, AND KHATA HOUSE LIST NO.308/3 AND PROPERTY NO.341/3 AND THE PRESENT NO.308/3A, VARTHUR GRAMATHANA, BAJANTRI STREET, VARTHUR, BENGALURU-560 087. … PETITIONER (BY SMT. USHA M.V., & SRI V.K.KUMBAR, ADVOCATE) AND:
SRI KODANDARAMA S/O LATE MUNIVENKATAPPA N., AGED ABOUT 49 YEARS, R/AT NO.772, GROUND FLOOR, " SRI VENKATESHWARA NILAYA”, BAJANTRI STREET, VARTHUR, BENGALURU-560 087. … RESPONDENT (BY SRI. D.V.CHANDRASHEKARA, ADVOCATE) - - -
THIS CIVIL PETITION IS FILED UNDER SECTION 24(5) OF CPC, PRAYING THIS HON'BLE COURT TO PASS AN ORDER TO TRANSFER S.C.NO.1832/2012 FROM THE COURT OF SMALL CAUSES, BENGALURU (SCCH-21) TO THE ADDL. CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU FOR DISPOSAL IN ACCORDANCE WITH LAW, AS THE DECLARATORY SUIT FILED BY THE RESPONDENT BEARING O.S.NO.1380/2016 IS PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU ETC.
THIS CIVIL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. Usha M.V., learned counsel for the petitioner.
Sri. D. V. Chandrashekar Reddy, 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 petitioner, seeks transfer of proceedings instituted by the respondent in S.C.No.1832/2012 from the Small Causes Court, Bengaluru, to the Additional Civil Judge Court, Bengaluru Rural District at Bengaluru for disposal in accordance with law.
4. The facts giving raise to filing of this civil petition briefly stated are that the petitioner has filed a suit before the Court of Small Causes. The respondent has filed a suit in O.S.No.1380/2016 seeking the relief of declaration and consequential relief before the Additional Civil Judge, Bengaluru Rural District, and the suit for declaration is pending.
5. When the mater is taken up for hearing, the learned counsel for petitioner submits that the Additional Civil Judge, Bengaluru Rural District has jurisdiction to try the suit for eviction filed by the petitioner as the suit property is situated within the jurisdiction of Varthur and therefore the Bengaluru Rural District Courts have territorial jurisdiction to try the suit.
6. On the other hand, the learned counsel for the respondent submits that there is no need to transfer the proceedings for eviction and deliberately this petition has been filed before this court.
7. I have considered the submissions made by both sides.
8. Admittedly, the Bengaluru Rural Court, Bengaluru, has territorial jurisdiction to entertain the suit filed by the petitioner for eviction. In order to avoid the possibility of conflicting opinion, I deem it appropriate to transfer the suit for eviction in S.C.No.1832/2012 pending on the file of Small Causes Court, Bengaluru to the court of Additional Civil Judge, Bengaluru Rural District, for disposal in accordance with law.
9. Accordingly, the petition is disposed of.
Sd/- JUDGE Np/-