IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 23RD DAY OF JULY 2001

BEFORE

THE HON'BLE MR.JUSTICE B. PADMARAJ

$C.P.NO.15/2001$

Between: $B$

$Smt$ -Hemalatha @ Baby, w/o S.Nataraj, c/o<br>Sumangali Sevashrama, Cholanay ak anahalli, Bangalore-560 032. $\cdot$

Petitioner

(By Smt. Vijay alaks hmi Vishnukumar, Adv. abs ent)

And:

$\mathcal{A}^{\mathcal{A}}$

$S.Nataraj$ , s/o S.C.Nanjappa, $major, r/at$ Seelagere Hobli, K.R.Pet Taluk.

$Res$ pond en t

(By Sri.Deshraj, $Adv.$ )

$\bullet$ $\bullet$ $\bullet$ $\bullet$

C.P. is filed U/s.24 of CPC praying that for the reasons stated therein this Hon'ble Court may be pleased to: order for the transfer of the<br>Case MC.No:22/1997 pending on the file of the Civil Court, Srirangapatna, to the Family Court at Bangalore City and grant such other and further<br>reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case, and in the interest of justice etc.,

C.P. coming on for orders this day, the Court made the following:-

ORDER

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There is None appears for the petitioner. absolutely no representation on the side of the petitioner when the matter has reached for final hearing in the orders list. The order made by this Court On 22.6.2001 reads as under:

Adjourned at request by two weeks finally on condition that if nothing turns out by that date, learned counsel for the petitioner submits that she will withdraw the petition. In view of such statement made by the learned counsel for petitioner, the matter stands the adjourned by two weeks finally.

But now when the matter is called, there is absolutely no representation on the side of the petitioner. The learned counsel for the respondent is however present in Court and he submits that NO.22/97 was filed about four years back and $M.C.$ there is hardly any ground for transfer under section-24 of CPC at this stage. There $i$ s considerable force in the submission made by the learned counsel for the respondent. It is not in dispute that M.C. NO.22/97 was filed somewhere in the year 1997 and we are now in the year 2001. Four years have already elapsed. Hence it is not

desirable at this stage to order for transfer especially when I am told that the said MC case is ripe for final disposal. Under the circumstances, therefore, the instant Civil Petition filed by the petitioner is dismissed both on merits as well as on the ground of default. The petition is ordered accordingly.

$gss/-$

Sd/- JUDGE

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