S.M. Enterprises, Turmeric And General Merchants, v. Gona Cream Lines

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY TR.C.M.P.NO.494 OF 2015 O R D E R:

This Tr.C.M.P. is filed by the petitioners to transfer O.S.No.2003 of 2013 pending on the file of the Principal Civil Judge, Ranga Reddy District, to the Court of the Principal Senior Civil Judge, Kovvur, West Godavari District, to be tried along with O.S.Nos.115/2013, 50/2013, 03/2015, 04/2015 and 05/2015.

The case of the petitioners is that by playing fraud and by obtaining forged signatures of the first petitioner-S.Bhaskar Rao-Proprietor, one Jupalli Chandra Bhaskar Rao filed criminal cases against the petitioners under Section of the Negotiable Instruments Act as well as civil suit in O.S.No.2003 of 2013 on the file of the Principal Civil Judge, Ranga Reddy District along with other suits in O.S.Nos.115 of 2013, 50 of 2013, 3 of 2015, 4 of 2015 and 5 of 2015 on the file of Principal Senior Civil Judge, Kovvur. It is also the case of the petiti`oners that though no cause of action arose within the territorial jurisdiction, the respondents filed suit in O.S.No.2003 of 2013 on the file of the Principal Civil Judge, Ranga Reddy. As such, O.S.No.2003 of 2013 is liable to be transferred from the file of the Principal Civil Judge, Ranga Reddy District to be tried along with the other suits, which are pending on the file of the Principal Senior Civil Judge, Kovvur. It is also stated that several

petitions are filed by the petitioners for transfer of criminal cases also, which are pending on the file of the courts at Ranga Reddy District, L.B.Nagar.

Though notices are served on the respondents, no counter affidavit is filed on behalf of the respondents. Heard the learned counsel for the petitioners. Since the petitioners are defendants in the said suits and are residing within the territorial jurisdiction of the Principal Senior Civil Judge Court, Kovvur, West Godavari District, it is just and proper that O.S.No.2003 of 2013 is liable to be transferred from the file of the Principal Civil Judge, Ranga Reddy to the court of the Principal Senior Civil Judge, Kovvur to be tried along with the other suits in O.S.Nos.115/13,50/13,3/15,4/15 and 5/15, which are pending between the parties.

In view of the above, Tr.C.M.P. is allowed.

Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

___________________________ A.RAJASHEKER REDDY J., Dt.05.11.2015 TJS