Smt. Nerellapally Divya Spoorthy, , Bojja Divya Spoorthy v. Sri Bojja Sriram Reddy
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEI'AER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JI'STICE K. SUJANA TRANS. CIVIL MISC.PETITI ON NO: 2i5OF 2s22 Between:
Smt. Nerellapally Divya Spoorthy, @ Bojja Divya Spoorthy, D/o. Bojja Sriram Reddy, Wo. Shivarama Krishna Reddy, aged about 36 yearc, Occ. Housewife, Rl/o. D.No. 6-9-13612, Road No. 12, Yadagirinagar, Santoshnagar, Hyderabad.
...Petitioner/Plaintiff
AND
1. Sri Bojja Sriram Reddy, S/o. Late B. Krishna Reddy, aged about 79 years, Occ- Retd. Govt. Servant, Ri/o. H. No. 8-7-50/8, Hastinagapuram (Nor{h), Sagar Road, Saroornagar Mandal, R.R. District.
2. Smt. Pullagoora Subha Sree, Wo. P. Ramesh Reddy, aged about 56 years, Occ- Housewife, Ri/o. H.No. 1 3-3-199, Karrchit Chowrastha Vilalge, SiJdipet Mandal and District.
...Respondents/Defendants
Petition Under Section 24 ot the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to with-draw O.S. No. 135 of 2018, on the file of the Court of the Principal Junior Civil Judge, Kalwakurthy by transferring the sarne and tried along with O.S. No. 933 of 2019, on the file of the Court of the District Judge, Cy@rabad, Ranga Reddy Distrlct at L.B. Nagar, in the interest of justice.
lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the ckcumstances stated in the affidavit filed in support of the petition, the fiigh Court may be pleased to grant interim stay of a{l furlher proceedings in O.S. No. 135 of 2O18, on the file of the Court of the Principal Junior Civil Judge, Kalwakurthy, including the trail of the said suit, pending disposal of {he above Transfer C.M.P. Counsel for the Petitioner: Sri. CH. VENKAT RAMAN Counsel for the Respondents: None Appeared The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P.No.29 soF 2022 ORDER:
I I i This Transfer Ciyil Miscellaneous petition is filed under Section 24 of ttre Code of Civil procedure, l9og, by the petitioner, seeking the Court to transfer O.S.No.l35 of 2O1g ) from the frle of the learned principal Junior Civil Judge, Kalwakurthy, to the hle of the learned District Judge, Cyberabad, Ranga Reddy District at L.B. Nagar and to be tried along with O.S.No.933 of 2019.
2.
Heard Sri Ch. Venkat Raman, learned counsel for the petitioner. Though notice served by way of paper publication and notice served on the counsel on record in the trial Court, none appeared on their behalf.
3.
Learned counsel for the petitioner submitted that the petitioner liled O.S.No. 135 of 2}lg against her father/respondent No.l herein seeking partition of the property, which is situated at Kalwakurthy. Later, petitioner came to know that there are properties acquired by her father in Ranga Reddy District, as such, she filed O.S.No.933 of 2019 l
SKS, J .t Tr.C. M. P.No.295 of 2022 along with her mother against her father/respondent No' 1 herein. trarned counsel further submitted that as both the suits were filed for partition and the partie s are one and the sarne, as such, prayed the Court to transfer O'S'No' 135 of 2ol8fromthefileofthelearnedPrincipalJuniorCivilJudge, Kalwakurthy, to the hle of the learned District Judge' Cyberabad, Ralga Reddy District at L'B' Nagar and to be tried along with O.S.No.933 of 2Ol9 '
4.
Having regard to the rival submissions made by learned counselforthepetitionerandhavinggonethroughthe material available on record, as both the suits filed by the petitioner herein against her father/respondent No'1 seeking partition ald separate possession of the subject property and the parties are a'lso one and the same' this Court deems it appropriate to transfer O'S'No'135 of 2018 from the file of the leamed.Principal Junior Civil Judge' Kalwakurthy' to the l-ile of the learned District Judge, Cyberabad, Ranga Reddy Distri,ct at L.B. Nagar and to be tried along with O'S'No'933 of 2Ot9 ' 5.
Accordingly, the Transfer Civil Miscellaneous Petition is allowed. O.S.No. 135 of 2018. stands transferred from the file
s,l<s .r Tr.C. M. P. No.295 of 2O2 2 of the learned principal Junior Civil Judge, Kalwakurthy,. to the file of the learned District Judge, Cyberabad, Ranga Reddy District at L.B. Nagar. Hence, O.S.No.l3S of 2Ol8 and O.S.No.933 of 2Ol9 are directed to be tried together. The Court concerned is hereby directed to transmit the entire case file relating to O.S.No.135 of 2Olg, after duly indexed, within a period of one (1) month from the date of receipt of a copy of this Order, under intimation to the other side. There sha-ll be I i :
I i i no order as to costs.
Pending Miscellaneous Applications, if any, shall stand closed.
Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// / .|r SECTION OFFICER To,
1. The Principal Junior Civil Judge, Kalwakurthy
2. The District Judge, Cyberabad, Ranga Reddy District at L.B. Nagar
3. One CC to SRl. CH VENKAT RAMAN, Advocate [OPUC]
4. Two CD Copies PSR V
HIGH COURT DATED:2911212023 E STATF 1tl
ORDER
v a {'
q JrN 2[2[ oo TRCMP.No.295 of 2022 ?
p5 * * ALLOWING OF THE TRANSFER CIVIL MISCELLANEOUS PETITION WITHOUT COSTS.
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