JAGADISH Vs. NARAYAN

JUDGEMENT

(1.) This top noted writ petition is filed by the petitioner challenging the order dated 18.10.2019 passed in Misc.No.162/2019.

(2.) The petitioner filed miscellaneous application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of O.S.No.39/2012 and O.S.No.156/2012 from the file of the Additional Civil Judge Court, Athani to the file of Principal Civil Judge Court, Athani for disposal in accordance with law. On reading of the averments made in the transfer petition at paragraph 6, it appears the petitioner sought for transfer on the premise that the Court below is not willing to pass orders on I.A.Nos.22 and 23. The grievance of the petitioner is that the above said applications are pending for the last four years. Placing these set of facts, petitioner alleged bias on the part of the Presiding Officer and accordingly sought transfer.

(3.) Learned counsel for the petitioner would vehemently argue and contend before this Court that the Court below has failed to decide the applications which were filed in I.A.No.22 and 23. The learned counsel for the petitioner would submit that these applications were filed with a request to the Court to frame an issue in regard to maintainability of the suit. Counsel for the petitioner would vehemently argue and contend before this Court that without formulating an issue in regard to maintainability and consequently deciding the said issue, the suit cannot be decided. On these set of grounds the learned counsel for the petitioner submit to this Court that the order passed by the Court below in Misc.Petition No.162/2019 suffers from serious infirmities.