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High Court for State of TelanganaTRCMP/628/2015allowed no costs

Potjharaboina Kethamma, v. N.V.Krishna Rao,

2016-11-03M.Seetharama Murti2 pages

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Transfer Civil Miscellaneous Petition No.628 of 2015 ORDER:

This is a claimants' transfer petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of OP.No.480 of 2014 on the file of the learned Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Warangal, to the file of the learned Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Karimnagar. Sri Venkateshwar Varanasi, learned counsel for the petitionersclaimants, would submit that the OP was originally filed in the former Court as by that time the claimants were temporarily residing at that place and that at present they are residing in Karimnagar, which is their permanent place of residence and that in the incident the claimants' son had died and that they are not in a position to undertake travel from their permanent place of residence, Karimnagar, to Warangal to prosecute their claim and that therefore, they are constrained to file the transfer petition and that it is in the interests of justice to withdraw the said OP and transfer the same to a Tribunal at Karimnagar as prayed for.

Though respondents are served, none appears. The petition is not resisted.

Having regard to the submissions of the learned counsel for the petitioners, this Court is satisfied that sufficient cause is shown for granting the relief.

In the result, the petition is allowed and OP.No.480 of 2014 on the file of the learned Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Warangal, is withdrawn from the file of the said Court and is transferred to the file of the learned Chairman, Motor Accident Claims Tribunal-cum-

Principal District Judge, Karimnagar, for trial and disposal in accordance with the procedure established by law. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this petition shall stand closed in the light of this final order.

_______________________ M. SEETHARAMA MURTI, J 03.11.2016 Vjl