IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE, BELGAUM, AT: BELGAUM
IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE,
BELAGAVI, AT: BELAGAVI.
DATED THIS THE 17th DAY OF FEBRUARY, 2020.
PRESENT
SRI R.J. SATISH SINGH, B.Com., LL.M.,
Principal District Judge, Belagavi.
MISCELLANEOUS CASE No.09/2020
PETITIONER:
1) Shri Nagendra S/o Tukaram Gurav,
Age: 40 Years, Occ: Mason work,
R/o Ramguruwadi, Taluk: Khanapur,
District: Belagavi, Now at
Shivaji Nagar, Bealgavi.
(By Shri Ashok A. Naik, Advocate)
-Versus-
RESPONDENTS:
1) Mr. Murli Tukaram Pawar,
Age: Major, Occ: Business,
R/o 1046, E-Ward, Bagal, Chowk, Kolhapur,
District: Kolhapur, Maharashtra.
2) The Divisional Manager,
United India Insurance Company Ltd.,
D.O. 1568, Maruti Galli, Belagavi.
(R.1 by Shri S.B. Akkatangerhal, Advocate)
(R.2 by Shri V.B. Malannavar, Advocate)
ORDER
This is a petition filed by the petitioner under Section 24 of
Code of Civil Procedure, 1908, seeking transfer of MVC
No.1702/2019 on the file of X Addl. District Judge Court, Belagavi
to the file of IX Addl. District Judge Court, Belagavi wherein
connected claim petition MVC No.500/2018 is pending.
Facts leading to filing of this petition are as under :
2. The petitioner has filed MVC No.1702/2019 on
account of injuries sustained by him in motor vehicle accident. It is
made over to X Addl. District Judge Court, Belagavi. On the other
hand, one connected claim petition in MVC No.500/2018 arising
out of the same accident which is made over to IX Addl. District
Judge Court, Belagavi. Contention of the petitioner is that since
both the claim petitions are arising out of same accident and
respondents in both the cases are also one and same, it is just and
proper that they are be tried by the same Court. Hence, prayed to
allow the petition.
3. In pursuance of notice, respondent Nos.1 & 2
appeared through their respective counsels and they submitted that
they have no objections to allow the petition.
4. I have heard arguments of learned counsel for
petitioner. Perused the entire records.
5. The only point that arises for my consideration is:
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Misc. Case No.09/2020
“Whether the petitioner has made out grounds to
allow this petition?”
6. My answer to the above point for consideration is in
the affirmative for the following:
REASONS
7. It is not in dispute that plaintiff is arbiter litis or
dominus litis has a right to choose his own forum where a suit can
be filed in more than one court. Normally, this right of the plaintiff
cannot be curtailed, controlled or interfered with. But the said right
is controlled by the power vested in superior courts to transfer a
case pending in one inferior court to another or to recall the case to
itself for hearing and disposal. Sections 22 to 25 enact the law as
regards transfer and withdrawal of suits. The paramount object of
Section 24 is to facilitate justice. A fair and an impartial trial is a
sine qua non and an essential requirement of dispensation of justice.
Justice can only be achieved if the court deals with both the parties
present before it equally and impartially. Though the petitioner has
the right to choose his own forum, with a view to administer justice
fairly, impartially, and even-handedly, a court may transfer a case
from one court to some other court.
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8. On this backdrop of settled principles of law, let me
advert to the case on hand.
9. I have carefully gone through the entire records. As
apparent from the true copy of claim petition in MVC No.500/2018
and cases details from CIS in MVC No.1702/2019, disclosed that
they are arising from the same accident and respondents in both
cases are one and the same. Respondent Nos.1 & 2 who put their
appearance through their counsels, did not resist the petition.
Therefore, in my view, there is no impediment to allow the petition
as prayed. Hence, I answer the above point in the affirmative and I
proceed to pass the following.
ORDER
Petition filed U/s 24 of Code of Civil Procedure, 1908, is
hereby allowed.
MVC No.1702/2019 pending on the file of X Addl. District
Judge Court, Belagavi is withdrawn and transferred to IX Addl.
District Judge Court, Belagavi wherein connected MVC
No.500/2018 is pending, for disposal in accordance with law.
No order as to costs.
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Misc. Case No.09/2020
Communicate the concerned Courts accordingly.
(Directly dictated to the Judgment Writer on computer,
corrected by me and then pronounced in the open Court, this the
17th day of February, 2020.)
(R.J. SATISH SINGH)
PRL. DISTRICT JUDGE, BELAGAVI.
Mgc*.
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ORDER
2020-02-17T15:42:39+0530
R J SATISH SINGH
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