M V GANESH PRASAD Vs. M L VASUDEVAMURTHY

JUDGEMENT

(1.) THESE Civil Revision Petitions are directed against a common order dated 30-6-2001 passed by the Principal District and Sessions Judge, Chikmagalur in Civil Miscellaneous Case Nos. 13, 19, 20, 21 and 22 of 2000 on his file. The order impugned came to be passed in common on petitions filed under S. 24 of the Code of Civil Procedure in the civil Miscellaneous cases referred to above seeking for transfer of the original suits O. S. 12/1992 in C. Misc. No. 13/2000, O. S. 198/1997 in C. Misc. No. 19/2000, O. S. 76/1999 in C. Misc. No. 20/2000, O. S. 176/1997 in C. Misc. No. 21/2000 and O. S. 158/1998 in C. Misc. No. 22/2000 pending on the file of the Civil Judge (Senior Division) Chickmagalur either to the Court of District and Sessions Judge, Chickmagalur or to any other competent Court and by the impugned common order the learned District Judge has dismissed all the Civil Miscellaneous cases rejecting the prayer for transfer. It is against this order the above revision petitions have been filed by the petitioner.

(2.) OF the 5 suits pending on the file of the Court of Civil Judge (senior division), Chickmagalur, O. S. No. 12/1992 had been filed by the State Bank of Mysore against the petitioner and other defendants, petitioner figuring as the 1st defendant for recovery of certain amount due to it by enforcing the mortgage made in its favour. The other 4 suits namely O. S. Nos. 198/97, 76/99, 176/97and 158/98 are suits filed by the present petitioner against the members of his family and in O. S. 198/1997 the purchasers of certain properties which the plaintiff claims to be part and parcel of the joint family property are also impleaded as defendants. In these suits the petitioner plaintiff had sought for relief of declaration to his entitlement to the share of joint family property, for putting him in possession of such share and also for a declaration that certain transactions of sale and gift deeds executed by the parents of the petitioner as invalid and not binding on him and for consequential relief.

(3.) THE petitioner plaintiff moved the district and Sessions Court, Chickmagalure by filing Civil Miscellaneous Cases praying for transfer of the said suits on the premise that the remarks and abuses hurled by the Presiding Officer against the petitioner in the course of the proceedings in O. S. No. 12/1992 particularly the conduct and reaction exhibited by the Presiding Officer on 26-7-2000 was very caustic and the learned Presiding Officer has used intemperate language in the course of the proceedings of the suit which caused reasonable apprehension in the mind of the petitioner that if the suits are continued to be tried by the very learned Judge he may not get justice from the Court. The petitioner has also alleged in the petition before the learned District Judge that certain entries in the order sheet maintained in O. S. No. 12/1992 indicates that the Presiding Officer might have adverse to the interest of the petitioner interpolated or made corrections subsequent to the passing of the order on the days mentioned therein which interpolation/correction has affected adversely the interest of the petitioner in the suit and in view of these developments the petitioner complained before the District Judge that he has reasonable apprehension of the said development having caused or likelihood of causing prejudice against the petitioner on the part of the Presiding Officer of the trial Court and as such he is seeking transfer of all the suits from that Court. Such plea and contentions urged by the petitioner did not find favour with learned District Judge and accordingly all the petitions came to be dismissed with cost of Rs. 200/- each to the respondent. It is in these circumstances the petitioner has approached this Court filing revision petitions under S. 115 of C. P. C. praying for setting aside the impugned orders and for allowing his Civil Miscellaneous cases by transferring the suits to any other competent Court.