M. LEELA Vs. D.S. KUMARASWAMY

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned counsel for the respondents.

(2.) The learned Senior Civil Judge, Thirthahalli on receipt of the letter sent by the Presiding Officer since, the Presiding Officer used to receive e-mail from the deceased respondent No.1, who is the husband of the respondent No.1(a), taken the matter suo-moto and passed an order that one of the party is indulging in such activity making allegation against the Presiding Officer and comes to the conclusion that there are justifiable grounds to withdraw the suits in O.S.Nos.12/2016 and 35/2020 on the file of the Senior Civil Judge, Thirthahalli and transfer the said suits to the Court of Principal Senior Civil Judge and CJM, Shivamogga for adjudication.

(3.) Learned counsel appearing for the petitioners would submit that, in view of transfer of cases from Thirthahalli to Shivamogga which is also far away from Shivamogga i.e., about 60 kilometers, the parties are facing difficulty to travel. The counsel also brought to notice of this Court that the original respondent, who indulged in making allegation against the Presiding Officer is no more and the legal representatives of the deceased respondent are brought on record and if both the suites are re-transferred to Thirathahalli, the present Presiding Officer can dispose of the matter in accordance with law.