NAGAMMA Vs. MARUTI DEVASTAN VISHWARTH MANDALI

JUDGEMENT

(1.) HEARD Sri.Arun Neelopant, learned counsel appearing for petitioner and Sri.K.L.Patil, learned counsel appearing for respondents 4 and 7. By consent of learned advocates appearing for the parties, this matter is taken up for final disposal.

(2.) BY impugned order the court of Principal Civil Judge, Junior Division and JMFC, Dharwad has allowed the application filed by plaintiff under section 151 of C.P.C seeking transfer of suit O.S.No.617/2010 filed for ejectment to the court of Civil Judge, Senior Division, Dharwad and Small Cause Court by relying upon the Judgment of Full Bench of this court in the case of Abdul Wajid Vs A.S.Onkarappa, 2011 ILR(Kar) 229.

(3.) IT is the contention of Sri.Arun Neelopant, learned counsel appearing for the petitioner -defendant that mesne profits that has been sought for by way of incidental prayer in the plaint @ Rs. 5,000/ - per month and if plea is accepted then jurisdiction to try the suit would be Civil Judge, Junior Division since it is having original jurisdiction of unlimited value and it cannot be tried by Small Causes Court and as such order of transfer is bad in law.