D Sujatha v. D Srinivasa Rao

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY TR.CIVIL MISCELLANEOUS PETITION NO.685 OF 2018 ORDER:

This Transfer Civil Miscellaneous Petition, under Section 24 of Code of Civil Procedure 1908, is filed, to withdraw H.M.O.P.No.33 of 2018 pending on the file of Senior Civil Judge, at Narayanpet, Mahabubnagar District and transfer the same to the file of Senior Civil Judge or Judge, Family Court, Ranga Reddy District on the ground that no part of cause of action arise within the jurisdictional limits of Senior Civil Judge at Narayanpet.

This Court while exercising power under Section 24 CPC cannot exercise such power i.e. territorial jurisdiction, but the petitioner is given liberty to file appropriate application to determine the territorial jurisdiction before the Court below and that the Court below is directed to frame an appropriate issue with regard to the territorial jurisdiction and try the same as preliminary issue and pass appropriate orders. With the above direction, the transfer miscellaneous petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this petition shall stand closed.

_____________________________ M. SATYANARAYANA MURTHY, J 31.10.2018 kvrm