RUDRAPPA Vs. SHIVAPPA

JUDGEMENT

(1.) This revision petition is filed under Sec. 115 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') challenging the impugned order dtd. 28/3/2023 passed by the learned Principal District and Sessions Judge, Bagalkote, in Civil Miscellaneous No.14/2023 wherein the learned District Judge has dismissed the Civil Petition filed by the petitioner for transfer of O.S.No.60/2017 pending on the file of the learned Senior Civil Judge and J.M.F.C., Banahatti in Bagalkot District.

(2.) Respondent No.1 herein has instituted O.S.No.60/2017 before the Trial Court against the petitioner and respondent No.2 seeking relief of partition and separate possession. Respondent No.2 had also filed a suit in O.S.No.40/2017 against the petitioner and respondent No.1 seeking partition and separate possession in respect of very same property. As such both the suits were clubbed together. The petitioner who is defendant No.2 in O.S.No.40/2017, contested the suit. It is asserted that the advocate appearing for the petitioner retired from the case and thereafter the petitioner engaged an another advocate and sought for amendment of the written statement by deleting the incidental pleading regarding respondent No.1/defendant No.4 being entitled for half share in the suit scheduled properties. The said application was rejected by the Trial Court and a writ petition is filed. The writ petition was also disposed of but the directions were issued to the Trial Court to hear the arguments of both the parties and then to dispose of the suit in accordance with law. It is asserted that the Trial Court without waiting for certified copy of the order passed in the writ petition and without hearing the petitioner proceeded to pass the judgment and decree on 1/10/2022. Same was challenged in RFA No.100503/2022 before this Court. This Court by order dtd. 18/1/2023 allowed the RFA and remanded back to the Trial Court directing to provide an opportunity to advance the arguments on behalf of the petitioner and dispose of the suit within two months. However, it is alleged that since the learned Civil Judge, hurriedly passed the judgment and decree at the first instance, he therefore, filed a Misc.No.14/2023 before the learned Principal District Court under Sec. 24 for transfer of O.S.No.60/2017 to the other Competent Court within the jurisdiction. The said petition was contested and same was dismissed by the learned District Judge by the impugned order which is challenged herein.

(3.) Heard the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondent No.1. Perused the records.