Telangana High Court

TRCMP/295/2022 of Smt. Nerellapally Divya Spoorthy, , Bojja Divya Spoorthy Vs Sri Bojja Sriram Reddy on 29 December 2023

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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

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF DECEI'AERTWO 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 SriramReddy, 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.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, SiJdipetMandal and District.Occ- Housewife, Ri/o. H.No. [1 ]3-3-199, Karrchit Chowrastha Vilalge, SiJdipetMandal and District.

...Respondents/Defendants

Petition Under Section 24 ot the C.P.C. Praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to with-drawO.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 atL.B. Nagar, in the interest of [justice.]

lA NO: 1 OF 2022

Petition under Section 151 CPC [praying ]that in the ckcumstances stated inthe affidavit filed in support of the [petition, ]the fiigh Court may be [pleased ]togrant interim stay of a{l furlher proceedings in O.S. No. 135 of 2O18, on the file ofthe Court of the Principal Junior Civil Judge, Kalwakurthy, including the trail of thesaid 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. SUJANATr.C.M.P.No.29 soF 2022

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ORDER:

This Transfer Ciyil Miscellaneous petition is filed under Section 24 of ttre Code of Civil procedure, l9og, by thepetitioner, seeking the Court to transfer O.S.No.l35 of 2O1gfrom 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 triedalong with O.S.No.933 of 2019.

2. Heard Sri Ch. Venkat Raman, Ch. Venkat Raman, Venkat Raman, Raman, learned counsel for thethepetitioner. Though notice served by way of paper publicationand notice served on the counsel on record in the trial Court,none appeared on their behalf.

Heard Sri Ch. Venkat Raman, Ch. Venkat Raman, Venkat Raman, Raman, learned counsel for thethe

3. Learned counsel for the petitioner submitted that thepetitioner liled O.S.No. 135 of 2}lg against herfather/respondent No.l herein seeking partition of theproperty, which is situated at Kalwakurthy. Later, petitionercame to know that there are properties acquired by her fatherin Ranga Reddy District, as such, she filed O.S.No.933 of 2019

SKS, J

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 ][']

Having [[regard ][to the ][rival ][submissions made by ][learned]][[to the ][rival ][submissions made by ][learned]][[rival ][submissions made by ][learned]][[submissions made by ][learned]][[learned]]

4. Having [[regard ][to the ][rival ][submissions made by ][learned]][[to the ][rival ][submissions made by ][learned]][[rival ][submissions made by ][learned]][[submissions made by ][learned]][[learned]]counselforthepetitionerandhavinggonethroughthematerial [available ][on ][record, ][as both ][the ][suits filed ][by ][the]herein [against ][her ][father/respondent ][No'1 ][seeking]petitioner ald [separate possession ][of ][the ][subject property ][and]partition 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]

.t

of the learned principal Junior Civil Judge, Kalwakurthy,. tothe file of the learned District Judge, Cyberabad, Ranga ReddyDistrict at L.B. Nagar. Hence, O.S.No.l3S of 2Ol8 andO.S.No.933 of 2Ol9 are directed to be tried together. TheCourt concerned is hereby directed to transmit the entire casefile relating to O.S.No.135 of 2Olg, after duly indexed, within aperiod of one (1) month from the date of receipt of a copy ofthis Order, under intimation to the other side. There sha-ll beno order as to costs.

Pending Miscellaneous Applications, if any, shall standclosed.

Sd/- MOHD. ISMAILASSISTANT REGISTRAR/.|rSECTION OFFICER

//TRUE COPY//

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

PSRV

HIGH COURT

DATED:2911212023

ORDER

TRCMP.No.295 of 2022

E [STATF]1tlqv1?JrN [2[2[]aoo*{'*D5Fp5

ALLOWING OF THE TRANSFER CIVILMISCELLANEOUS PETITION WITHOUT COSTS.

G [cog'k+]

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