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CIVIL APPEAL NO. 3304 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 30810 OF 2017]
ANUPAMA PATIL Appellant(s)
JUDGMENT
1. Leave granted.
2. The appellant is aggrieved by a final order dated 18.09.2017 passed by the High Court of Karnataka at Bengaluru in C.P.No. 226 of 2016, whereby the High Court rejected her prayer for transfer of M.C.No. 125 of 2016 from the Family Court, Hubballi to the Family Court at Bengaluru, Karnataka.
3. When this matter came up to this Court, the following order was passed on 24.11.2017:- “Issue notice. Mr. Awnish Kumar, learned counsel, accepts notice on behalf of the sole respondent. The learned counsel on either side submitted that they would explore the possibility of resolving the dispute between the parties if the matter is referred to Mediation. Accordingly, we refer the matter to Supreme Court Mediation Centre, New Delhi to explore the possibility of an amicable settlement of the dispute between the parties, who would appear before the said Mediation Centre on 14.12.2017 at 11.00 A.M. The Incharge, Supreme Court Mediation Centre, after making an endeavour for amicable resolution of the disputes, shall submit a report to this Court within four weeks thereafter. List the matter after the mediation report is received.”
4. On 09.03.2018, it was reported that the mediation between the parties had failed and this Court directed both the parties to be personally present before the Court today.
5. Today, both the parties are present before the Court. Having heard the learned counsel appearing on both sides and having gone through the materials on record, we deem it fit to transfer M.C. No. 125 of 2016 from the Family Court at Hubballi to the Family Court at Bengaluru, Karnataka.
6. The impugned order passed by the High Court is set aside and the appeal is, accordingly, allowed.
7. We direct the Family Court at Bengaluru to dispose of the transferred case expeditiously and preferably within six months from today.
8. The Registry shall communicate a copy of this Judgment to both the courts forthwith ........................ J. [ KURIAN JOSEPH ] [ MOHAN M. SHANTANAGOUDAR ] [ NAVIN SINHA ] New Delhi; March 26, 2018. ITEM NO.10 COURT NO.5 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 30810/2017 (Arising out of impugned final judgment and order dated 18-09-2017 in CP No. 226/2016 passed by the High Court Of Karnataka At Bengaluru)
VERSUS
NATARAJ VEERANAGOUDA PATIL Respondent(s) (FOR ADMISSION and I.R. and IA No.118539/2017-EXEMPTION FROM FILING O.T. and IA No.118538/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) Date: 26-03-2018 This petition was called on for hearing today. CORAM: HON'BLE MR.
JUSTICE KURIAN JOSEPH HON'BLE MR.
JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR.
JUSTICE NAVIN SINHA For Petitioner(s) Mr. Bharadwaj S., AOR For Respondent(s) Mr. Shiv Kumar Pandey, Adv. Mr. Chandrashekhar A. Chakalabbi, Adv. Mr. Anshul Rai, Adv. Mr. Awanish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed non-reportable Judgment. Pending Interlocutory Applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN)