JUDGEMENT
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(1.)THIS revision petition under' Section 115 is directed against the order dated 23-6-2007 passed by the Court of prl. City Civil and Sessions Judge, Bangalore in Miscellaneous No. 320/ 07, on the file of that Court, a petition under Section 24 of Code of Civil procedure filed by the respondents and as such petition is allowed under the impugned order and the Original Suits No. 333/2005 and 334/2005 were transferred from the Court of CCH XIII to the City Civil Court - XXVII, transfer is on the premise that Original Suit No. 2683/2005 instituted by the defendants in OS No. 333/05 and 334/05 were pending before the transferred Court and that the defendants in OS No. 2683/05 were the plaintiffs in the two suits directed to be transferred.
(2.)SUCH an order of transfer is questioned by the plaintiff in OS no. 2683/05 contenting inter-alia that the transfer order is not warranted; that the order amounts to an improper exercise of jurisdiction under Section 24 of CPC; that the learned District and Sessions Judge ordering transfer failed to see that the provision of Section 24 is mere misuse by seeking transfer of untenable dubious suits only to retard the progress in OS no. 2683/05; that the two suits transferred i. e. , OS Nos. 333/05 and 334/05 were not either tenable or bonafide suits that had been filed before the trial Court.
(3.)IT is on such premise the present revision petition. Notice, had been issued and the petition had been admitted. Respondents have entered appearance. Petitioners are represented by Sri Poonacha and respondents are represented by Sri Ashok Kalyan.
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