Smt.Massarrath Yasmeen v. Sri Mohd.Azeemuddin
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.Nos.182 OF 2014 & Dated 21st April, 2015 TRANSFER C.M.P.No.182 of 2014:
Between:
Massarrath Yasmeen.
...Petitioner.
And:
Mohd.Azeemuddin.
...Respondent.
TRANSFER C.M.P.No.183 of 2014:
Between:
Massarrath Yasmeen.
...Petitioner.
And:
Mohd.Azeemuddin.
...Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.Nos.182 OF 2014 & COMMON ORDER:
These petitions are filed to transfer O.S.No.67 of 2008 from Senior Civil Judge, Bodhan and C.M.A.No.26 of 2009 from VII Additional District Judge, Nizamabad, at Bodhan to any other courts in the Districts of Hyderabad, Secunderabad, Ranga Reddy, Warrangal, Karimnagar, Sangareddy in Medak or any other District. Petitioner herein is defendant in the above referred suit and appellant in C.M.A.
Petitioner filed her affidavit and according to her affidavit, after written arguments are filed, appeals are posted for orders and at that time, it was noticed some documents were missing and for that, respondent made an allegation that husband of petitioner who is a court employee is responsible for missing of those records and for these reasons, she prayed for transfer of O.S.No.67 of 2008 and C.M.A.No.26 of 2009.
Other side filed counter disputing the affidavit averments of the petitioner and contended that not only husband of respondent but also Superintendant of District Court was also responsible for missing of the record and an enquiry is already initiated for missing of documents.
Heard both sides.
Both advocates argued supporting contentions of their respective clients.
I have perused the material papers filed along with transfer C.M.Ps. and also counters.
Considering the submissions of both sides and considering the allegations and counter allegations against each other, I feel in the interest of justice, both matters can be transferred to District Headquarters, Nizamabad for disposal in accordance with law without prejudice to the contentions of both parties. Accordingly, O.S.No.67 of 2008 is withdrawn from Senior Civil Judge Court, Bodhan and transferred to Senior Civil Judge, Nizamabad and C.M.A.No.26 of 2009 is withdrawn from VII Additional District Judge, Court, Nizamabad at Bodhan and transferred to Principal District Judge, Nizamabad for disposal in accordance with law. Accordingly, both the Transfer C.M.Ps. are disposed of. No costs. As a sequel to the disposal of this petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
_______________________ JUSTICE S.RAVI KUMAR Dated 21st April, 2015.
Dvs HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.Nos.182 OF 2014 &
Dated 21st April, 2015 Dvs