BABU Vs. BALAPPA AND ORS.

JUDGEMENT

(1.) THE petitioner approached this Court seeking transfer of O.S. No. 88/2013 from the Court of Senior Civil Judge, Basavana Bagewadi to the Court of Senior Civil Judge, Bijapur, and also sought for setting aside the order passed by the Principal District Judge, Bijapur dated 01.12.2014 wherein he refused to transfer the suit in OS No. 88/2013 as sought for.

(2.) AFTER filing of this petition, notices were ordered to the respondents and all the respondents were served with the notice by RPAD, in spite of that, they have remained absent before the Court. The learned counsel produced the certified copy of a memo filed by Respondent Nos. 8 to 15 before the District and Sessions Judge, Bijapur in C. Misc. No. 24/2014 wherein they have stated that they have no objection to transfer the above said case as prayed by the petitioners before the District Court.

(3.) THE petitioner herein was Defendant No. 1 in the said suit. He contested the said proceedings and after due contest, his suit was dismissed on merits. But, the Trial Court in the said suit has framed Issue No. 4, which affected the rights of petitioner/Defendant No. 1. The said issue is as under: - -