ORDER : The 1st defendant in OS No.74/2008 on the file of the I Additional Civil Judge (Sr.Dn.) and CJM, Tumkur has preferred this petition under Section 24 of the Civil Procedure Code praying this Court to order for transfer of the said suit to City Civil Court at Bengaluru to be tried along with OS No.6596/2016. 2. Heard the learned counsel appearing for both sides. Perused the petition and documents produced along with the petition. 3. Smt. Champoo K S, learned counsel appearing for the petitioner submits that the petitioner is arrayed as defendant No.1 in OS No.74/2008 filed by B C Chandrashekara and two others before the st Additional Civil Judge (Sr.Dn.), Tumkur. He is now aged about 82 years and residing at Bengaluru and due to his old age, he is not in a position to travel from Bengaluru to Tumakuru and attend the said case. Therefore, she prays for allowing the petition by ordering to transfer the aforesaid suit from the Court of Civil Judge (Sr.Dn.), Tumkur to City Civil Court at Bengaluru to be tried along with OS No.6596/2016 filed by the petitioner against the 3rd defendant in OS No.74/2008. 4. Sri Chandrakiran, learned counsel appearing for respondent Nos.4 and 6 submits that respondent Nos.4 and 6 have no objection for allowing the petition. 5. Sri Dattatraya M. Joshi, learned counsel appearing for respondent Nos.1, 2 and 3 opposes the petition by contending that landed properties are situated within the territorial jurisdiction of the Civil Judge (Sr. Dn.), Tumakuru and only a house property is situated at Bengaluru. The suit in OS No.74/2008 pending before the Civil Judge (Sr. Dn.), Tumkur is filed for partition and separate possession of the suit properties which are landed and house properties including the house property which is the subject matter of OS.No.6596/2016 whereas the suit filed by the petitioner in OS No.6596/2016 before the City Civil Court at Bengaluru is for the relief of bear injunction. He further submits that the trial of the suit OS No.74/2008 has began long ago and it is not concluded due to non-cooperation on the part of the petitioner/1st defendant. He further submits that the trial of the suit OS No.74/2008 has began long ago and it is not concluded due to non-cooperation on the part of the petitioner/1st defendant. He submits that the earlier suit filed by the daughters of B C Chandrashekhara in OS No.1276/2010 on the file of the V Additional City Civil Judge, Bengaluru was dismissed holding that there was already partition taken in the family and the Regular First Appeal preferred before this Court challenging the said order of the City Civil Court is pending. He submits that there is no merit in the petition and prays for dismissal of the petition. 6. A perusal of the plaint in OS No.74/2008 would show that Late Chikkalingaiah and Late Muniyamma had three sons viz: B.C Rajashekara, B.C Chandrashekara and B.C Somashekara, who stated to have become Swamiji and described as Sri Sri Sri Somashekara Swamiji. The first son of Chikkalingaiah viz B C Chandrashekara and his two sons jointly filed a suit in OS.No.74/2008 against Sri Sri Sri Somashekara Swamiji (the third son of Chikkalingaiah) and others for the relief of partition and separate possession of the suit schedule properties. The suit was filed in the year 2008. Now we are in the year 2018. Ten years have already gone. The evidence of plaintiffs is concluded and PW1 is recalled at the instance of the petitioner. Eight years after filing of OS No.74/2008, the petitioner has filed a suit in OS NO.6596/2016 against the 3rd defendant in OS No.74/2008 on the file of the City Civil Court, Bengaluru for the relief of bear injunction in respect of the house property situated at Bengaluru which is one of the item of the properties in the schedule of the plaint in OS.No.74/2008. This fact would go to show that the petitioner who is arrayed as 1st defendant in OS No.74/2008 before the Additional Civil Judge (Sr.Dn.), Tumkur has been contesting the suit since 2008 till now and he has filed this petition nine years after filing of the suit OS.No.74/2008 seeking transfer of the said suit from the Court of the 1st Additional Civil Judge (Sr.Dn.), Tumkur to the City Civil Court at Bangalore to be tried along with OS No.6596/2016 filed by him against one of the parties in OS No.74/2008. 7. 7. From the above facts, it is clear that there is no merit in the contention of the learned counsel for the petitioner. Further, Tumakur Town where OS.No.74/2008 is pending is hardly 65 to 70 K.M. away from Bengaluru and there is very good conveyance between two cities. Infact, there is train facility as well from Bengaluru to Tumakuru, as such, there is absolutely no merit in the contention of the learned counsel for the petitioner. Hence, the following: ORDER The petition is dismissed as devoid of merit.