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High Court for State of TelanganaTRCMP/704/2015ordered

G.Vachaspathi Raju v. Adluri Raja Prem Kiran Raju

2016-02-29S.Ravi Kumar2 pages

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.704 of 2015 ORDER:

This petition is filed to withdraw O.S.No.57 of 2015 from the file of VI Additional District Judge, Warangal at Mahabubabad and transfer the same to Principal District Judge, Warangal for disposal in accordance with law.

2. Petitioner herein is plaintiff in O.S.No.57 of 2015. According to his affidavit, this suit is filed in the Vacation Court of 2012 summer and the Vacation Court registered it as O.S.No.13 of 2015, and later after vacation, it was numbered as O.S.No.57 of 2015 and made over to VI Additional District Judge, Warangal, Mahabubabad. He further stated that in the plaint it is clearly averred that the entire transaction took place at Hanamkonda and the cause of action also arose at Hanamkonda, and taht suit is made over to Mahabubabad without any notice to plaintiff and even some of the defendants are also residents of Warangal District.

3. On 23.11.2015, this court ordered notice to respondents and directed petitioner to take out personal notice through registered post with acknowledgment due and file of proof of service into the Court while granting interim order. In compliance of the said order, registered notice was sent on 07.01.2016 and the postal acknowledgments of respondents are filed through Memo under USR No.986 of 2016, dated 18.02.2016. As seen from the same, all the respondents have received notice but in spite of service of notice neither appeared in person nor through any advocate.

4. Heard advocate for petitioner.

5. Considering the reasons stated in the affidavit, O.S. No. 57 of 2015 is withdrawn from the file of VI Additional District Judge, Warangal at Mahabubabad and transferred to Principal District Judge, Warangal for disposal in accordance with law.

6. Accordingly, the Transfer Civil Miscellaneous Petition is ordered. No costs. Miscellaneous Petitions, if any pending, in this petition, shall stand closed.

__________________ S. RAVI KUMAR, J Date: 29-02-2016 gvl