Mohammed Azhar Ali And 3 Others v. Mohd. Taher Ali , Taher Ali And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY ,THE FIRST DAY OF NOVEIMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TRANS. CIVIL MISC.PETITION NO: 52 OF 2020 Between:

1. Mohammed Azhar Ali S/o Mohd Taher Ali,Aged 17 yrs (minor) Occ. Student,R/o B-3-228l1242,Rehmath Nagar, Yousufguda, Hyderabad, State of Telangana 500045

2. Madia Jabeen, D/o Mohd. Taher Ali, Aged 16 yrs (minor) Occ. Student

3. Mohammed Tafeem Ali, S/o Mohd Taher Ati Aged 11 yrs (minor) Occ. Student

4. Mayera Jabeen, D/o Mohd Taher Ali, Aged I yrs (minor) Occ. Student 1 to 4 being minors Rep.by their Maternal Uncle and are under Custody of lr,4ohammed Younus S/o Late tMohd Abdul Kareem Aged 39 yrs Occ. Private Service All R/o 8-3-228l1242,Rehmalh Nagar, Yousufguda, Hyderabad, State ofTelangana 500045 ...PET|T|ONER AND Mohd. Taher Ali @ Taher Ali S/o lt4ohd Basher Ali,Aged 43 yrs Occ,NRl, R/o 2- '12611 , Moin Mohalla, Shamshabad,R.R district.2. Mohammed Rafeeq, S/o Late Mohd Abdul Kareem Aged .42 yrs Occ Business Rlo 8-3-22811242, Rehmath Nagar, Yousufguda, Hyderabad, State of Telangana 500045 (Respondent nb.2 is only formal party and Not necessary party and no relief is claimed against him) ...RESPONDENTS Petition Under Section 24 ot the C.P.C.

Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw O.P.No. 356 OF 2018 pending on the file of the Hon'ble Family Court Judge, City Civil Courts at Hyderabad, and transfer the same to be tried along with M.C.No. 86 of 2020 on the file of Hon'ble Additional Metropolitan Sessions Judge For Trial of Jubilee Hills Car Bomb Blast Case -Cum Additional Family Court-Cum- XXXlll Additional Chief Judge -Cum-lX Additional Metropolitan Sessions judge, At. Nampally, Hyderabad.

lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in O.P.No. 356 OF 2018 pending on the file of the Hon'ble Family Court Judge, City Civil Court at Hyderabad , pending disposal of the above transfer petition.

Counsel for the Petitioner: SRl. J. MOHAN SINGH Counsel forthe Respondent: SRI C. SRIDHAR The Court made the following: ORDER

THE HON'BLE SRIJUSTICE A. VENKATESHWARA REDDY / Tr.

.P. No.52 ot 2O2O

ORDER

Heard learned counsel for the petitioner.

Sri C.Sridhar, learned counsel represented that he filed vakalat for both the respondents, though respondent No.2 is shown as not necessary parly. He submits that the respondents are not in contact with him. Thus, the respondents are not evincing any interest in prosecuting the matter.

This Tr.C.lvl,P. is filed seeking to withdraw O.p.No.356 of 2018 on the file of Judge, Family Court, City Civil Courts, Hyderabad, and to transfer the same to the Additional Metropolitan Sessions Judge for Trial of Jubilee Hills Car Bomb Blast Cases-cumAdditional Family Court-cum-XXXlll Additional Chief Judge-cum-lX Additional Metropolitan Sessions Judge, Nampally, Hyderabad (hereinafter referred to as "Metropolitan Sessions Judge,,), where M.C.No.86 of 2020 is pending between the parties herein. ln the circumstances of the case and also considering the fact that the petitioner has requested only to transfer O.p.No.356 of 20'18, I find some justification in the request of the petitioner. ln the result, the Tr.C.M.p. is allowed, and O.p.No.356 of 2018 on the f Ie of Judge, Family Court, City Civil Courts, Hyderabad, is withdrawn and transferred the same to the Metropolitan Sessions Judge, for trial along with lVl"C.No.B6 of 2020 pending on the file of that Cou(. Learned Judge, Family Court, City

Civil Courts, Hyderabad, is directed to transmit the entire record in O.P.No.356 of 2018, duly Jndexed, to the Metropolitan Sessions Judge, within one month from the date of receipt of a copy of this order.

Miscellaneous petitions, if any pending, shall stand closed' No costs.

SD/-K.AMMAJI ASSISTANT REGISTRAR ,TRUE COPY// ,\1 SECTION OFFICER To

1. The Judge, Family Court, City Civil Courts, Hyderabad.

2. One CC to SRl. J. MOHAN SINGH, Advocate [OPUC]

3. One CC to SRl. SRIDHAR CHIKYALA, Advocate [OPUC]

4. Two CD Copies

5. The Metropolitan Sessions Judge For Trial of Jubilee Hills Car Bomb Blast Case -Cunt'Additional Family Court-Cum- XXXlll Additional Chief Judge -Cum-lX Additional Metropolitan Sessions judge, Nampally, Hyderabad.

6. One Spare Copy TR{

HIGH COURT DATED:01 111l2ct21 fr \ ( f o N TE

ORDER

i \ t TRCMP.No.S2 of 2020 ao o$ 'g Yt ll c ALLO\\11\C I'Hll'tR,:l\l I'

tu I 1)