Telangana High Court
TRCMP/332/2023 of Kara Balaram Chandra Sekhar Vs D.Venkata Srinivas Reddy on 29 December 2023
Between: Counsel for the Petitioners Counsel for the Respondent The Court made the following: ORDER 1. Kara Balaram Chandra Sekhar, S/o. K.Chinnaiah Balram, Occ.Advocate, 2. Smt.K.Naga Mani, Wo. K.Balaram Chandra Sekhar, R/o. H.No.15_29-1OOO, HIG-10, Phase-1, Road No.1, KpHB colony, Kukatpally,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUST]CE K. SUJANA
TRANS. CIVI L MISC.PETITION NO: 332OF 2023
Between:
1. Kara Balaram Chandra Sekhar, S/o. K.Chinnaiah Balram, Occ.Advocate,2. Smt.K.Naga Mani, Wo. K.Balaram Chandra Sekhar, R/o. H.No.15_29-1OOO,HIG-10, Phase-1, Road No.1, KpHB colony, Kukatpally, Hyderabad _ 50d085 2. Smt.K.Naga Mani, Wo. K.Balaram Chandra Sekhar, R/o. H.No.15_29-1OOO,HIG-10, Phase-1, Road No.1, KpHB colony, Kukatpally, Hyderabad _ 50d085
...petitioner/Defendant No.1 & 2
AND
D.Venkata srinivas Reddy, s/o. D.Narasa Reddy, occ.Business, R/o. H.No.3-116,Vallampatla village, Kodur Mandal, Krishna Distriit - s21 227,Andirra pradesh state.
...RespondenUPlaintiff
Petition Under section 24 of the c.p.c. praying that in the circumstancesstated in the affidavit filed therewith, the High court may be pleased to transferthe said o.s.No.666/2022 from the senior civil Judge, Medchal-Matkajgiri Districtat Kukatpally to lll Additional District and seslion Judge-cum-'-AdditionalMetropolitan Session Judge Principal Family court, Medchal--Malkajgiri Diskict atKukatpally;the said o.s.No.666/2022 from the senior civil Judge, Medchal-Matkajgiri Districtat Kukatpally to lll Additional District and seslion Judge-cum-'-AdditionalMetropolitan Session Judge Principal Family court, Medchal--Malkajgiri Diskict atKukatpally; lA NO: 1 OF 2023
Petition under section 1s1 cpc praying that in the circumstances stated inthe- affidavit filed in support of the-petition, the High court may be pleased to stay9[ iyrtf [gr ][qroceedings ][in o.s.No.666 ][t2022 rrom ][the ][senior civit ][Juoge, ]Meocnat-Malkajgiri District at Kukatpally pending disposal of above Transfer p6tition.
Counsel for the Petitioners: STi GANDYADAPU RAJESHAMCounsel for the Respondent:STiCNMOORTY
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANATr.C.M.P.No.332 OF 2023
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ORDER:
This Tralsfer Civil Miscellaneous petition is filed under Section 24 of the Code of Civil Procedure, 1908, by thepetitioner, seeking the Court to transfer O.S.No.666 of 2022from the file of the learned Senior Civil Judge, Medchal-Malkajgiri District at Kukatpally, to the file of the learned IIIAdditional District and Sessions Judge-cum-AdditionalMetropolitan Sessions Judge-cum-principal Family Court,Medchal-Malkajgiri District at Kukatpally.
2. Heard Sri Gandyadapu Rajesham, Sri Gandyadapu Rajesham, Gandyadapu Rajesham, Rajesham, learned counsel counsel forthe petitioners as well as Sri C.N. Murthy, learned counselappearing on behalf of the respondent.
Heard Sri Gandyadapu Rajesham, Sri Gandyadapu Rajesham, Gandyadapu Rajesham, Rajesham, learned counsel counsel for
3. Brief facts of the case are that respondent filedO.S.No.666 of 2022, which is pending before the learnedSenior Civil Judge, Medchal-Malkajgiri District at Kukatpally,seeking perpetual injunction. Later, the petitioner No.1 frledO.S.No.3 of 2023, which is pending before the tearnedAdditional District Judge, Medchal-Malkajgiri District at ffiUi Kukatpally seeking eviction, recovery of a_rrears of rents andmesne profits.
4. Learned counsel for the petitioner the petitioner petitioner would submit thatthatO.S.No.666 of 2022, which is pending before the learnedSenior Civil Judge, Medchal-Malkajgiri District at Kukatpally isnow vacant and officer coming to the Court only once in weekand in the said suit, the respondent granted status quo order.Basing on the same, he is not paying the rents and the suit ispending from last one year without any progress. Learnedcounsel further submitted that as both the parties in O.S.No.3of 2023 and O.S.No.666 of 2022 arc one and the same, thesuit property is also same and therefore, prayed the Court totransfer O.S.No.666 of 2022 to the III Additional District andSessions Judge, Medchat-Malkajgiri District at Kukatpally.
Learned counsel for the petitioner the petitioner petitioner would submit thatthat
5. On the other hand, learned counsel for the respondentwould submit that though the premises was taken by him, hehas not occupied all the floors in the house but the petitionerhas not providing electricit5r and water supply facilities and thesarne was submitted in arguments with regard to the Tr.C.M.p.
SI(S, JTr.C. M. P. No. 332 of 2023
6. Having regard to the rival submissions made by both thelearned counsel arrd having gone through the materialavailable on record, as both the suits are flled between thesame parties, the subject matter is also one and the same andboth the Courts are in the same premises, therefore, this Courtdeems it appropriate to transfer O.S.No.666 of 2022 from thefile of the learned Senior Civil Judge, Medchal-MalkajgrriDistrict at Kukatpally, to the file of the learned IU AdditionalDistrict arld Sessions Judge-cum-Additional MetropolitanSessions Judge-cum-Principal Family Court, Medchal-Malkajgiri District at Kukatpally.
7 . Accordingly, the Transfer Civil Miscellaneous Petition isallowed. O.S.No.666 of 2022 stands transferred from the fileof the learned Senior Civil Judge, Medchal-Malkajgiri Districtat Kukatpally, to the hle of the learned III Additional Districtand Sessions Judge-cum-Additional Metropolitan Sessionsallowed. O.S.No.666 of 2022 stands transferred from the fileof the learned Senior Civil Judge, Medchal-Malkajgiri Districtat Kukatpally, to the hle of the learned III Additional Districtand Sessions Judge-cum-Additional Metropolitan SessionsJudge-cum-Principal Family Court, Medchal-MalkajgiriDistrict at Kukatpally. The Court concerned is hereby directedto transmit the enLire case file relating to O.S.No.666 of 2022,after duly indexed, within a period of one (1) month from theDistrict at Kukatpally. The Court concerned is hereby directedto transmit the enLire case file relating to O.S.No.666 of 2022,after duly indexed, within a period of one (1) month from the SI(S, J
Tr. C. M. P. No. 33 2 of 2O23
date of receipt of a copy of this Order, under intimation to the other side. There sha_ll be no order as to costs.
Pending Miscellaneous Applications, if any, shall stand closed.
SD/. T. VIJAY KUMARASSISTANT REGISTR
//TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
DATED:29112t2029
ORDER
TRCMP.No.332 of 2023
ALLOWNG THE TRCMP
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