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High Court for State of TelanganaTRCMP/264/2016ordered

M/S. Bagyasri Developers Having The Firm No. 626 Of 2008 v. M/S. Temple Rose Real Estate Pvt. Ltd.,

2016-07-26S.Ravi Kumar2 pages

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.264 of 2016 ORDER:

This petition is filed to withdraw O.S.No.47 of 2015 from the file of V-Additional District Judge, Nalgonda at Bhongir, and transfer the same to District Court, Ranga Reddy at L.B.Nagar.

2. Petitioner herein is plaintiff in O.S.No.47 of 2015 and the said suit is filed seeking declaration that the notice of termination dated 19.03.2015 issued by defendant is null and void and consequential relief of restraining defendant from alienating the suit schedule property. Managing Partner of plaintiff firm filed his affidavit contending that he has a life threat at Bhongir and in fact he and his advocate were attacked when they attended the Court at Bhongir. It is also contended that there was no regular officer to the Court of V-Additional District Judge, Bhongir and the matter is called weekly once i.e., on Tuesdays and as he is facing difficulty to attend the Court on the hearing dates by travelling 50 kms. and as he suspects that anything may happen to him on the way, he prayed for transfer of O.S.No.47 of 2015 from V-Additional District Judge, Nalgonda at Bhongir, to Ranga Reddy District.

3. Respondent did not file any counter.

4. Heard both sides.

5. Advocate for respondent disputed the alleged attack and alleged apprehension.

6. Considering the submissions of both sides and as petitioner apprehending danger at Bhongir and submitted that there is no regular Presiding Officer to the Court of VAdditional District Judge, Bhongir, I feel it appropriate to transfer the case to a Court where a regular Presiding Officer is there.

7. For these reasons, O.S.No.47 of 2015 is withdrawn from V-Additional District Judge, Nalgonda at Bhongir, and transferred to Principal District Judge, Nalgonda, for disposal in accordance with law.

8. Accordingly, transfer C.M.P. is ordered.

9. Miscellaneous petitions pending, if any, shall stand closed.

__________________ S. RAVI KUMAR, J 26th July 2016.

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