The Oriental Insurance Company Ltd v. Meda Nirmala Devi , S.R.Sushma Reddy

THE HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY Tr . CI VI L MI SCELLEANEI OUS PETI TI ON No.1 2 3 of 2 0 1 4 ORDER:

This Transfer Civil Miscellaneous Petition, under Section 24 of CPC, is filed by the petitioners to withdraw MVOP No.320 of 2010 pending on the file of MACT-cum-X Additional District Judge, Tirupathi and transfer the same to MACT-cum-District Judge, Kadapa, where MVOP No.52 of 2011 is pending. The main ground urged before this Court is that both the claims are arising out of same accident, but the claims were filed by two wives and children of the deceased in different Tribunals at Tirupathi and Kadapa and in case both the claims are tried by different Tribunals/ Courts, there is possibility of conflicting decisions which may lead to multiplicity of proceedings. As per the material on record, the question of fact and law involved in both the OPs is one and the same.

Taking into consideration, the convenience of the parties and to avoid conflicting decisions, which may lead to multiplicity of proceedings, I deem it appropriate to withdraw MVOP No.320 of 2010 pending on the file of MACT-cum-X Additional District Judge, Tirupathi and transfer the same to the Court of MACTcum-District Judge, Kadapa, where MVOP No.52 of 2011 is pending, by exercising power under Section 24 of CPC. In the result, this Transfer Civil Miscellaneous Petition is allowed withdrawing MVOP No.

MACT-cum-X Additional District Judge, Tirupathi and transferred the same to MACT-cum-District Judge, Kadapa.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

____________________________ M. SATYANARAYANA MURTHY,J Dt: 24-01-2018 eha

THE HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY Tr . CI VI L MI SCELLEANEI OUS PETI TI ON No.1 2 3 of 2 0 1 4 Dt . 2 4 .0 1 .2 0 1 8 eha