Kara Balaram Chandra Sekhar v. D.Venkata Srinivas Reddy
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
[ 3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUST]CE K. SUJANA TRANS. CIVI L MISC.PETITION NO: 332OF 2023 Between:
1. Kara Balaram Chandra Sekhar, S/o. K.Chinnaiah Balram, Occ.Advocate,
2. Smt.K.Naga Mani, Wo. K.Balaram Chandra Sekhar, R/o. H.No.15_29-1OOO, HIG-10, Phase-1, Road No.1, KpHB colony, Kukatpally, Hyderabad _ 50d ...petitioner/Defendant No.1 & 2 AND D.Venkata srinivas Reddy, s/o. D.Narasa Reddy, occ.Business, R/o. H.No.3-116, Vallampatla village, Kodur Mandal, Krishna Distriit - s21 227,Andirra pradesh state. ...RespondenUPlaintiff 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 the said o.s.No.666/2022 from the senior civil Judge, Medchal-Matkajgiri District at Kukatpally to lll Additional District and seslion Judge-cum-'-Additional Metropolitan Session Judge Principal Family court, Medchal--Malkajgiri Diskict at Kukatpally;
lA NO: 1 OF 2023 Petition under section 1s1 cpc praying that in the circumstances stated in the- affidavit filed in support of the-petition, the High court may be pleased to stay 9[ iyrtf gr qroceedings in o.s.No.666 t2022 rrom the senior civit Juoge, MeocnatMalkajgiri District at Kukatpally pending disposal of above Transfer p6tition. Counsel for the Petitioners : STi GANDYADAPU RAJESHAM :STiCNMOORTY Counsel for the Respondent The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P.No.332 OF 2023 ORDER:
This Tralsfer Civil Miscellaneous petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner, seeking the Court to transfer O.S.No.666 of 2022 from the file of the learned Senior Civil Judge, MedchalMalkajgiri District at Kukatpally, to the file of the learned III Additional District and Sessions Judge-cum-Additional Metropolitan Sessions Judge-cum-principal Family Court, Medchal-Malkajgiri District at Kukatpally.
2.
Heard Sri Gandyadapu Rajesham, learned counsel for the petitioners as well as Sri C.N. Murthy, learned counsel appearing on behalf of the respondent.
3. Brief facts of the case are that respondent filed O.S.No.666 of 2022, which is pending before the learned Senior Civil Judge, Medchal-Malkajgiri District at Kukatpally, seeking perpetual injunction. Later, the petitioner No.1 frled O.S.No.3 of 2023, which is pending before the tearned Additional District Judge, Medchal-Malkajgiri District at
ffiUi SKS, J Tr.C. M. P. No. 332 of 2023 Kukatpally seeking eviction, recovery of a_rrears of rents and mesne profits.
4.
Learned counsel for the petitioner would submit that O.S.No.666 of 2022, which is pending before the learned Senior Civil Judge, Medchal-Malkajgiri District at Kukatpally is now vacant and officer coming to the Court only once in week and in the said suit, the respondent granted status quo order. Basing on the same, he is not paying the rents and the suit is pending from last one year without any progress. Learned counsel further submitted that as both the parties in O.S.No.3 of 2023 and O.S.No.666 of 2022 arc one and the same, the suit property is also same and therefore, prayed the Court to transfer O.S.No.666 of 2022 to the III Additional District and Sessions Judge, Medchat-Malkajgiri District at Kukatpally. 5.
On the other hand, learned counsel for the respondent would submit that though the premises was taken by him, he has not occupied all the floors in the house but the petitioner has not providing electricit5r and water supply facilities and the sarne was submitted in arguments with regard to the Tr.C.M.p.
SI(S, J Tr.C. M. P. No. 332 of 2023 6.
Having regard to the rival submissions made by both the learned counsel arrd having gone through the material available on record, as both the suits are flled between the same parties, the subject matter is also one and the same and both the Courts are in the same premises, therefore, this Court deems it appropriate to transfer O.S.No.666 of 2022 from the file of the learned Senior Civil Judge, Medchal-Malkajgrri District at Kukatpally, to the file of the learned IU Additional District arld Sessions Judge-cum-Additional Metropolitan Sessions Judge-cum-Principal Family Court, MedchalMalkajgiri District at Kukatpally. 7 .
Accordingly, the Transfer Civil Miscellaneous Petition is allowed. O.S.No.666 of 2022 stands transferred from the file of the learned Senior Civil Judge, Medchal-Malkajgiri District at Kukatpally, to the hle of the learned III Additional District and Sessions Judge-cum-Additional Metropolitan Sessions Judge-cum-Principal Family Court, Medchal-Malkajgiri District at Kukatpally. The Court concerned is hereby directed to transmit the enLire case file relating to O.S.No.666 of 2022, after duly indexed, within a period of one (1) month from the
SI(S, J Tr. C. M. P. No. 33 2 of 2O23 date of receipt of a copy of this Order, under intimation to the other side. There sha_ll be no order as to costs. Pending Miscellaneous Applications, if any, shall stand closed.
SD/. T. VIJAY KUMAR ASSISTANT REGIST R //TRUE COPY// SECTION OFFICER To,
1. The Senior Civil Judge, Medchal-Malkajgiri District at Kukatpally.
2. The lll Additional District and Session Judge-Cum- Additional Metropolitan Session Judge Principal Family Court, MedchalMalkajgiri District at Kukatpally
3. One CC to Sri GANDYADAPU RAJESHAM, Advocate [OPUC]
4. One CC to Sri C N MOORry, Advocate [OPUC]
5. Two CD Copies SP/JAK \ v
HIGH COURT DATED:29112t2029 .{ STATS U { S\ J\\N lu\ q f c,).
t oesp aI L,
ORDER
TRCMP.No.332 of 2023 ALLOWNG THE TRCMP x6