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High Court for State of TelanganaTRCMP/666/2015allowed no costs

Alagala Franklin Sanjay Kumar v. Alagala Santhi Sanjay,

2015-12-21A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY TRANSFER CMP.No.666 of 2015 ORDER:

This Transfer CMP is filed by the petitioner to withdraw O.S.No.769 of 2011 from the file of IX Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, instituted by the petitioner and transfer the same to the Court of I Additional Chief Judge, City Civil Courts, Secunderabad to be tried along with O.S.No.163 of 2012 filed by the petitioner for recovery of money. The petitioner, who appeared as party-in-person, submitted his arguments. Since the learned counsel for the respondent states that the respondent has no objection for allowing Transfer CMP, it is not necessary to go into facts of the case. Learned counsel further says that one more suit in O.S.No.

180 of 2015 filed by the petitioner for recovery of money is pending on the file of III Senior Civil Judge, City Civil Court, Secunderabad in between the same parties and the same may be transferred to the Court of I Additional Chief Judge, City Civil Courts, Secunderabad to be tried along with O.S.No.163 of 2012. The party-in-person opposed the same stating that since O.S.No.180 of 2015 is a fresh suit, if it is transferred and clubbed along with O.S.No.163 of 2012 and O.S.No.769 of 2011, trial of old suits will be delayed. On that learned counsel for the respondent says that the respondent undertakes to file written statement in O.S.No.180 of 2015 within three weeks from today along with draft issues. The party-in-person does not dispute that the subject matter in O.S.No.180 of 2015 and O.S.No.769 of 2011 and O.S.No.

163 of 2012 are interrelated. In view of the facts and circumstances of the case, the Transfer CMP is allowed as prayed for and also the suit in O.S.No.180 of 2015 pending on the file of III Senior Civil Judge, City Civil Court, Secunderabad is transferred to I Additional Chief Judge, City Civil Court, Secunderabad. If the respondent does not file written statement in O.S.No.

O.S.No.769 of 2011 and O.S.No.163 of 2012.

Miscellaneous petitions pending, if any, in the Transfer CMP shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 21-12-2015 Nvl