Karnataka High Court
Sri. Girish S/O Veeranagouda ... vs Hubali Electricity Supply ... on 27 May, 2022
Bench: R.Devdas
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
CIVIL PETITION NO. 100112 OF 2021 (-)
C/W
CIVIL PETITION NO. 100110 OF 2021
CIVIL PETITION NO. 100111 OF 2021
IN C.P.NO.100112/2021
BETWEEN:
1. SRI. GIRISH S/O VEERANAGOUDA SOMANAGOUDAR
AGE. 38 YEARS, OCC. ASSISTANT,
R/O. ISHWAR BADAVANE RAJEEV GANDHI NAGAR,
DIST. GADAG 582207.
...PETITIONER
(BY SRI. S M KALWAD., ADVOCATE)
AND:
1. HUBBALI ELECTRICITY SUPPLY COMPANY LIMITED
GOVERNMENT OF KARNATAKA,
NAVANAGAR P B ROAD, HUBLI,
REPTD., BY AUTHORIZED SIGNATORY EXECUTIVE,
ENGINEER -ELE - O AND M DIVISION,
HESCOM, MULAGUND NAKA,
GADAG 582101.
2. SRI. HULLANGOUDA S/O MAHADEVAGOUDA
BHARAMAGOUDAR
AGE. 38 YEARS, OCC. RAILWAY EMPLOYEE,
-1-
CP No. 100112 of 2021
C/W CP No. 100110 of 2021
CP No. 100111 of 2021
RO. BEHIND VETERANARY HOSPITAL,
BETAGERI, GADAG 582101.
...RESPONDENTS
(BY SRI.B.S.KAMATE, ADV. FOR R1
R2 SERVED)
CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO PASS AN
APPROPRIATE ORDER TO TRANSFER R.A.NO.17/2020 PENDING ON THE
FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG TO THIS
HONBLE COURT TO HEAR AND DISPOSE ALONG WITH RFA NO.
100156/2020.
C.P.NO.100110/2021
BETWEEN:
SRI. GIRISH S/O VEERANAGOUDA SOMANAGOUDAR
AGE. 38 YEARS, OCC. ASSISTANT,
R/O. ISHWAR BADAVANE RAJEEV GANDHI NAGAR,
DIST. GADAG 582207.
...PETITIONER
(BY SRI. S. M. KALWAD., ADVOCATE)
AND:
1. HUBBALI ELECTRICITY SUPPLY COMPANY LIMITED
GOVERNMENT OF KARNATAKA,
NAVANAGAR P B ROAD,
HUBLI REPTD., BY AUTHORISED SIGNATORY EXECUTIVE,
ENGINEER - ELE, O AND M DIVISION, HESCOM,
MULAGUND NAKA, GADAG 582101.
2. SRI. JEEVANAGOUDA B MARIGOUDAR
AGE. 34 YEARS, OCC. CONTRACTOR,
R/O. BEHIND SAI TEMPLE,
BHOOST PLOT, RAJEEV GANDHI NAGAR,
GADAG 582207.
...RESPONDENTS
(BY SRI.B.S.KAMATE, ADV. FOR R1
R2 SERVED & UNREPRESENTED)
-2-
CP No. 100112 of 2021
C/W CP No. 100110 of 2021
CP No. 100111 of 2021
CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO PASS AN
APPROPRIATE ORDER TO TRANSFER R.A.NO.16/2020 PENDING ON THE
FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG TO THIS
HONBLE COURT TO HEAR AND DISPOSE ALONG WITH RFA NO.
100156/2020, IN THE INTEREST OF JUSTICE AND EQUITY.
C.P.NO.100111/2021
BETWEEN:
SRI. GIRISH S/O VEERANAGOUDA SOMANAGOUDAR
AGE. 38 YEARS, OCC. ASSISTANT,
R/O. ISHWAR BADAVANE RAJEEV GANDHI NAGAR,
DIST. GADAG 582207.
...PETITIONER
(BY SRI. S. M. KALWAD., ADVOCATE)
AND:
1. HUBBALI ELECTRICITY SUPPLY COMPANY LIMITED
GOVERNMENT OF KARNATAKA,
NAVANAGAR P B ROAD, HUBLI,
REPTED, BY AUTHORIZED SIGNATORY EXECUTIVE,
ENGINEER -ELE O AND M DIVISION,
HESCOM, MULAGUND NAKA,
GADAG 582101
2. SRI. LINGANGOUDA S/O RAMANAGOUDA GOUDAR
AGE. 34 YEARS, OCC. TEACHER,
R/O. NEAR KOPPAL HOSPITAL RAJEEV GANDHI NAGAR,
DIST. GADAG 582101.
...RESPONDENTS
(BY SRI.B.S.KAMATE, ADV. FOR R1)
CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO PASS AN
APPROPRIATE ORDER TO TRANSFER R.A.NO.18/2020 PENDING ON THE
FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG TO THIS
HONBLE COURT TO HEAR AND DISPOSE ALONG WITH RFA NO.
100156/2020, IN THE INTEREST OF JUSTICE AND EQUITY.
-3-
CP No. 100112 of 2021
C/W CP No. 100110 of 2021
CP No. 100111 of 2021
ORDER
R.DEVDAS J., (ORAL):
These civil petitions are filed under Section 24 of CPC
seeking transfer of regular appeals in R.A.Nos.16, 17 and
18 of 2020 from the file of the Additional District and
Sessions Judge, Gadag to this court to be considered along
with RFA No.100156/2020.
2. Respondent No.1 has filed O.S.Nos.110, 154,
155 and 156 of 2015 against the petitioner herein as
defendant No.1 and respondent No.2 as defendant No.2.
The allegation of the respondent-company was that the
petitioner being the employee of the company had
misappropriated certain funds and in order to prevent the
said funds from recovery, he had transferred the same
into the account of respondent No.2 herein. The suits were
filed by the respondent-company for recovery of money.
The Additional Senior Civil Judge at Gadag passed a
common judgment in respect of four original suits having
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CP No. 100111 of 2021
clubbed and heard them together. The suits came to be
decreed along with costs. Aggrieved, the petitioner has
filed regular appeals on the ground that he was not given
an opportunity of hearing and he was placed ex-parte.
Nevertheless, owing to the pecuniary jurisdiction, the
petitioner had to file regular appeals before the district
court at Gadag and whereas in respect of
O.S.No.110/2015 Regular First Appeal has been filed
before this court. It is therefore the contention of the
learned counsel for the petitioner that since a common
judgment has been passed by the trial court and one of
the appeals has been filed before this court in Regular First
Appeal, in order to avoid conflicting decisions, regular
appeals filed before the district court may be transferred
to this court and to be heard along with RFA
No.100156/2020.
3. Having regard to the submission made by the
learned counsel for the petitioner, it is clear that the
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CP No. 100111 of 2021
prayer made by the petitioner seeking transfer of three
regular appeals from the District Court, Gadag to this
court to be heard along with RFA No.100156/2020 is
supported by the provisions contained in Sub-Section
(b)(i) of Section 24 of CPC. This court is empowered to
withdraw any suit or appeal or any proceedings pending in
any court subordinate to it and try and dispose of the
same.
4. Consequently, the petitions are allowed. The
three regular appeals in R.A.Nos.16, 17 and 18 of 2020
are directed to be transferred from the file of the
Additional District and Sessions Judge, Gadag to this court
and all the three appeals shall be heard along with RFA
No.100156/2020.
5. Registry is directed to furnish a copy of this
order to the Additional District and Sessions Judge, Gadag
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CP No. 100111 of 2021
and secure the original papers in R.A.Nos.16, 17 and 18 of
2020 and place it along with RFA No.100156/2020.
Ordered accordingly.
Sd/-
JUDGE
MBS/-
