Mohammed Akheel Ahmed v. Mohammed Ghouse

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO Tr. Civil Miscellaneous Petition No.165 of 2018 ORDER :

This Transfer Civil Miscellaneous Petition is filed to transfer O.S.No.417 of 2015 from the Court of XVIII Senior Civil Judge, City Civil Court, Hyderabad to the Court of the III Additional Chief Judge, City Civil Court, Hyderabad to be tried along with O.S.No.357 of 2015 on the file of the latter Court.

2.

Admittedly, O.S.No.357 of 2015 is filed for eviction of the respondent in respect of premises bearing No.9-4-86/17, Plot No.17, Salarjung Colony, Toli Chowki, Nanal Nagar, Hyderabad (T.S.), while O.S.No.417 of 2015 is filed for injunction restraining the respondent from making additions or alterations or making construction or changing the nature of the property in premises bearing No.9-4-86/18, Plot No.18, Salarjung Colony, Toli Chowki, Nanal Nagar, Hyderabad (T.S.).

3.

The counsel for petitioner contended that since both properties are adjacent to each other therefore the same Court should try them. 4.

Admittedly, the suits relate to different parcels of land covered by different rental deeds though they are between the same parties. Also, there are no common issues of fact or law to be decided, and there is no possibility of any conflicting judgments.

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5.

Therefore, the Tr.C.M.P. is dismissed. No order as to costs. 6.

As a sequel, miscellaneous petitions pending if any in this Tr.C.M.P., shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 16.04.2019 Ndr/*