Kanyadhari Uma Maheswara Rao v. Sajja Nagapoorna

THE HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER CIVIL MISCELLANEOUS PETITION No.493 OF 2015 Dated 22nd March, 2016 Between :

K.Uma Maheswara Rao ... Petitioner-Defendant a n d Sajja Nagapoorna ... Respondent THE HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER CIVIL MISCELLANEOUS PETITION No.493 OF 2015 ORDER:

This application is filed to withdraw O.S.No.356 of 2014 from Senior Civil Judge's Court, Huzurnagar, Nalgonda District, and transfer the same to Additional Senior Civil Judge's Court, Tenali, to be tried along with O.S.Nos.54 and 56 of 2014. Petitioner herein is defendant in above referred O.S.No.356 of 2014, which is filed for recovery of money based on pronote dated 28.12.2010 said to have been executed by the petitioner herein. It is stated in the affidavit that he has not received any money from the respondent and that the alleged promissory note is a created one. According to the affidavit of the petitioner, one Vasireddy Koteshwar Rao S/o.Venkatappaiah obtained five pro-notes from the petitioner and those were pressed into service through different persons including Koteswara Rao himself and all the promissory notes were scribed by one Nageswara Rao on the same day i.e. 28.12.2010 and as the suits are in different Courts. It is

contended, for proper appreciation all the suits have to be tried by one Court and for that O.S.No.356 of 2014 pending on the file of Senior Civil Judge's Court, Huzurnagar, Nalgonda District, has to be transferred to Additional Senior Civil Judge's Court, Tenali, where two suits are pending.

This Court, permitted the petitioner to take notice on respondent by substitute service by publishing it in Eenadu Telugu Daily Newspaper circulated in Nalgonda and the petitioner has complied the said order and filed publication. In spite of that, respondent neither appeared in person nor through any Advocate. Considering the reasons stated in the affidavit, O.S.No.356 of 2014 is withdrawn from Senior Civil Judge's Court, Huzurnagar, Nalgonda District, and transferred to Additional Senior Civil Judge's Court, Tenali, to be tried along with O.S.Nos.54 and 56 of 2014 in accordance with law.

Accordingly, the Transfer Civil Miscellaneous petition is allowed. Miscellaneous petitions pending in this petition, if any, shall stand closed.

_________________ S.RAVI KUMAR, J 22nd March, 2016.

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