(1.) This is a petition under S. 24 of the Code of Civil Procedure ('the Code') seeking withdrawal of O. S. No. 146 / 89 pending in the Court the Civil Judge, Chikmagalur, and to retransfer the same to the Court of the Civil Judge, Puttur, for trial and disposal in accordance with law. Sri G. D. Rao, working as Officer in the Zonal Office of the petitioner-Bank, has filed his affidavit in support of the prayer.
(2.) Sri B. R. Aswatharam, the learned counsel for the petitioner, and Sri P. Vishwanatha Shetty, the learned counsel for respondent Nos. 1, 3 and 5, are heard. Respondent Nos. 2 and 4 are served, but are unrepresented.
(3.) The matter arises in this way : The petitioner and respondent Nos. 1 to 5 herein are plaintiff and defendant Nos. 1 to 5 in the suit sought to be transferred. They would be referred to as such in the course of this order.