Unnam Achaiah v. Goila Kotamma

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY TR. C.M.P. No. 682 of 2015 ORDER:

This Tr. C.M.P. is filed seeking to transfer O.S.No.19 of 2015 from the Court of the X Additional District Judge, Gurazala, to the Court of the Additional District Judge, Narasaraopet, Guntur District.

The case of the petitioners is that in the month of April, 2015, they filed O.S.No.19 of 2015 on the file of the X Additional District Judge, Gurazala, against the respondents, for declaration of their title in respect of the suit schedule property. Along with the suit, they filed I.A.No.145 of 2015 under Order 39 Rules 1 & 2 of CPC for temporary injunction restraining the respondents from interfering with the possession of the suit schedule property. Even though urgent notice was ordered in the I.A. and notices were served to the respondents by 12.06.2015, as there is no Presiding Officer in the Court and the In-charge Presiding Officer is not taking up the interlocutory applications, the I.A. could not be adjudicated so far. Hence, the present transfer petition.

Heard the learned counsel for the petitioners. When the Presiding Officer of a Court is kept In-charge of another Court, he should take up the urgent matters, especially, the applications filed under Order 39 Rules 1 & 2 of CPC. In view of the same, the Presiding Officer, who is kept In-charge of the X Additional District Court, Gurazala, is directed to dispose of I.A.No.145 of 2015 in O.S.No.19 of 2015, within a period of

two (2) weeks from the date of receipt of a copy of this order, in accordance with law.

With the above direction, the Tr.C.M.P. is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the Tr.C.M.P. shall stand dismissed.

_____________________________ A. RAJASHEKER REDDY, J.

1st December, 2015 cbs THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY

Tr.C.M.P.No. 682 of 2015 1st December, 2015 cbs