Dr. Maheshwari Kempula v. Dr. Gadari Purna Chandar
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY ,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TRANS. CUIL MISC.PETITION NO: 71 OF 2022 Between:
Dr. Maheshwari Kempula, Wo. G. Poorna Chander, Dlo. K. Sayanna, aged about 35 years, Occ. Civil Assistant Surgeon, Area Hospital, Gajwel, Siddipet District, Rl/o. House No. 6-97, Near Shivalayam, Vasavi Nagar Colony, Gajwel, Siddipet (N/edak) District.
...PETITIONERY Respondent AND Dr. Gadari Purna Chandar, S/o. Late Ramachandraiah, aged about 35 years, Occ. Civil Assistant Surgeon (Aneathesia), Area Hospital, Gajwel, Siddipet District, Rl/o. H.No.4-123, Thatikal Road, Nakrekal Village and Mandal, Nalgonda District ...RESPONDENT/ Petitioner Petition Under Section 24 of the C-P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer O.P. No. 168 of 2021 , on the file of the Court of the Hon'ble Senior Civil Judge, Nalgonda to the Court of the Hon'ble Senior Civil Judge at Siddipet. lA NO: 't OF 2022 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 of all further proceedings in O.P. No. 168 of 2O21, on the file of the Court of the Hon'ble Senior Civil Judge, Nalgonda, pending disposal of the above Transfer Petition.
Counsel for the Petitioner: SRI G. BALA RANGAIAH Counsel forthe Respondent: NONE APPEARED The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A.VENKATESHWARA RI'DDY TRANSFER CTVIL MISCELLANEOUS PETITION No.7L Ol 2022 ORDER:
Heard learned counsel for the petitioner. Notir:e of the respondent served. No representation for respondent, called absent and he is set ex-parte.
2. This Transfer Civil Miscellaneous Petitic n is filed under Section 24 of Civll Procedure Code (for short 'CPC') b,v the petitioner / wife against her husband / respondent herein seeking for withdrawal of O.P.No.158 of 202 1 pending on the file of the Senior Civil Judge at Nalgonda and to transfer the same to the Court of Court of the Senior Civil Judge at Siddipet.
3.
It is submitted by the learned counsel for the petitioner that connected criminal cases are pending before the Magistrate Court at Gajwel and both the parties are also working at Gajwel.
4 .
Perused the averments of the aflidavit filed in support of this application and I am satisfied witl.r the request of the petitioner. Therefore, considering tht: fact that the respondent/husband remained absent without any representation and as per the cause title, bot,t the
petitioner and the respondent are working at Gajwel of Siddipet District as doctors and also considering the convenience of the petitioner f wife, I find some justification in the request of the petitioner.
5.
In the result, this Transfer Civil Miscellaneous Petition is allowed and accordingly, O.P.No.168 of 2021, pending on the file of the Senior Civil Judge, Nalgonda is i ordered to be withdrawn and transferred to the Court of the Senior Civil Judge at Siddipet for disposal 1n accordance with law.
Learned Senior Civil Judge, Nalgonda shall transmit the entire record, duly indexed, in O.P.No.168 of 2O2l to the Court of the Senior Civil Judge, Siddipet within one month from the date of receipt of copy of this order.
6.
In the facts and circumstances of the case, there shall be no order as to costs. Miscellaneous petitions, if any, pending, in this Transfer CMP, shall stand closed.
SD/-B.SATYAVATHI / DEPUTY REGISTRAR / 1/ //TRUE COPY// SECTION OFFICER To 1.
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The Senior Civil Judge at Nalgonda.
The Senior Civil Judge at Siddipet.
One CC to SRI G. BALA RANGAIAH, Advocate [OPUC] Two CD Copies One Spare Copy BS.qA-
HIGH COURT DATED:0710712022 i,li 1n:- ST4)t a 19 SEP 2[2
ORDER
TR.CMP.No.71 of 2022 :
i i ;
ALLOWING THE TR.CMP.
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