Tukaram v. Shiva Kumar

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Tr.CMP.No.268 of 2016 ORDER:

This petition under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner requesting to withdraw AS.No.337 of 2014 on the file of the Court of the learned XXIV Additional Chief Judge, City Civil Court, Hyderabad, and transfer the same to the Court of the learned XXV Additional Chief Judge, City Civil Court, Hyderabad, for hearing and disposal along with As.No.61 of 2016 pending on the file of the latter Court. 2.

I have heard the submissions of Sri P. Amarender Reddy, learned counsel for the petitioner-1st defendant, and of Sri Praveen Vyapari, learned counsel for the respondents 1 and 2-plaintiffs. Sri Sharad Sanghi, learned counsel representing respondents 3 to 6 is present. I have perused the material record. 3.

On the disposal of the suit-OS.No.815 of 2009 by the learned Junior Civil Judge, City Civil Court, Hyderabad, two appeals have been preferred; one appeal was made over to XXIV Additional Chief Judge's Court and the other appeal was made over to XXV Additional Chief Judge's Court. Since the two appeals arise out of a judgment rendered in one suit, the present transfer petition is filed to bring both the appeals to the file of one Court for hearing and disposal on merits in accordance with the procedure established by law. 4.

Learned counsel for the plaintiffs is not resisting the request in the petition.

5.

Having regard to the facts and submissions, the petition is allowed and AS.No.337 of 2014 on the file of the Court of the learned XXIV Additional Chief Judge, City Civil Court, Hyderabad, is withdrawn from the file of the said Court and is transferred to the file of the Court of the learned XXV Additional Chief

Judge's Court, City Civil Court, Hyderabad, for hearing and disposal, along with AS.No.61 of 2016 on the file of the transferee Court, in accordance with the procedure established by law.

Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

_____________________ M. SEETHARAMA MURTI, J 1st December, 2016 Vjl