Telangana High Court
TRCMP/753/2018 of THE UNITED INDIA INSURANCE CO.LTD Vs PAPARTHI RENUKA on 30 December 2021
COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY ONE THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY Between: The United lndia lnsurance Co Branch, Rl/o H.No.9-1-1 , 'lst Opp: TSRTC Bus Station, Kothagudem District . Ltd., Rep. by
IN THE HIGH COURT FOR [THE STATE ][OF ][TELANGANA]AT HYDERABAD
THURSDAY, THE THIRTIETH DAY OF DECEIVIBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY
TRANSFER CMP.No.753 of 2018
Between:The United lndia lnsurance Co. Ltd., Rep. by Branch Manager, KothagudemBranch, Rl/o H.No.9-1-1 , ['lst]Floor, Bhavasaiah Complex, M.G. Road,Opp: TSRTC Bus Station,Kothagudem Town and Mandal, BhadradriKothagudem District
..,PETITIONER1E?pArtni [Renuka, ][Wo ][Late ][Venkateswara ][Rao, ][Aged 48 years, ]occ- House Hold,R/o. Q.No.Tll.231 , Bombay-Colony, Manuguru Mandal, Bliadradri KothagudemDistrict2Paparthi Swapna, D/o Late Pgnalhi Venkateswara Rao, (W/o Srinivasa Chary),?ge.d [23 ][yearg ][Occ- Housewif6, ][Ryo ][Dammapeta Viilag6 ][bnO frlanAat,-AnaAia'ciii]Kothagudem District.Paparthi Rukmini, D/o Late Paparthi Venkateswara Rao, Aged 2l years, Occ_Student. Fl/o Q No.TI1 .231 , Bombay Colony, Mpnuguru Ma-ndat, ghaOradri [- ][-]Kothagudem District.4Badarawada Venu, S/o Krishnam bearing No..TS.94 5799, R/o H.No.1-al8/A,-Kakarlipalti Raju, Aged Major, Occ- Owner Road, Sathupatii, of the Tipper[' ]'Sathupalli Mandal, Khammam D [jstrict.]la.qar!n1.[qgnq, [S/o. ][Late ][Venkateswara ][Rao, ][Aged ][1B ][years, Occ-Student, ]R:/oQ-No.T 11.231, Bombay Colony, lr,4anuguru ivland5l, Bhadradri Kothagude; [' ][" ][-]urstnct.6Paparthi V.e$ata Laxmi, W/o Late Venkateswara Rao, Aged 53 years, Occ-Household, R/o Hanuman Temple Area. Bodepudi t iagai tManugr* lo*nMandal, Bhadradri Kothagudem District.7faparthi [Jaya (Jangoju Jaya), ][D/o Late ][Venkateswara ]Rao, [(Wo ]Janooiu-occ-Housewife, R/o Kothuiu vilase] [']il:il[113.8:31inoo". ..":63fi, IPaparthi Padma, D/o Late Venkaleswara Rao (W/o Gopi), Aged 31 years, Occ_Housewife, R/o Hanuman Tempte nrea, AooefuOi r.ragli'NAinugu;,i 1;;h;;;Mandal, Bhadradri Kothagudem District' [-r--' ]['-i'-]
AND
..,RESPONDENTS
Petition Under section 24 0f the c.p.c. praying that In the circumstancesstated in the affidavit fired therewith, the High court may be preased to may bepleased to withdraw the op.No.10s of 2017 from the fire of the MACT-cum_VAdditional District Judge court at Kothagudem Bhadadri District and to transfer thesame to the fire of the tVTACT-cum-District Judge coud at warangar in order to crubthe same with MVop.No .770 of 2017 pending on its fire to record the commonEvidence.same to the fire of the tVTACT-cum-District Judge coud at warangar in order to crubthe same with MVop.No .770 of 2017 pending on its fire to record the commonEvidence.
lA NO: 1 OF 2018
Petition under s, ction 151 CPC [praying ][that ][in ][the circumslances stated ][in the]affidavit filed in suppor of the [petition, ][the ][High ][court ][may be pleased ][to grant ][stay]all further [proceedings ]ncluding [the trial of the ][MVOP.No ][l05 ][of ][2017 on ][the file ][of]the MACT-cum-V Addit [onal ][District Judge court ][at ][Kothagudem pending disposal ][of]the above Tr.CMP.
A NO: 2 OF 2018
Petition under sr ction ['1 ][51 ][CPC ][praying ][that ][in ][the circumstances ][stated in the]affidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtograntstayallfurtherproceedingsncludingthetrialinMVoP.No.TTOof20lTonthefileoftheMACT-CUM- District [Ju lge ][court ][atwarangal ][pending disposal of ][the ][main ][TT.CMP']
ThisPetitionconingonforhearing,uponperusingthePetitionandtheaffidavitfiledinsupporlthereof.anduponhearingtheargumentsofSriV.SrinivasaRao, Advocate [for the ][Petitioner and ][of ][Sri Pulla ][Rao Yellanki, Advocate ][for ][the]Respondent Nos.1 [to ][a ][and ][of ][Sri ][Namavarapur Rajeshwar ][Rao' ][Advocate ][for ][the]Respondent [Nos.6 ][to ][I]
The Court made [the ][fo lowing: ][ORDER]
THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDYTRANSFER C,M.P,NO.753 OF 2018
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ORDER:
Heard the learned counsel for the petitioner.
Perused the record.
This Transfer C.M.P. is filed under Section 24 of the Code ofCivil Procedure (CPC) for transfer of O.P.No.105 of 2Ol7 on the fileof the MACT-cum-V Additional District Judge at Kothagudem,Bhadradri District to-be tried along with M.V.O.P.No.77O ol 2077on the file of the MAcT-cum-District Judge, Warangal.
It is submitted by the learned counsel for the respondentsthat the accident took place at Kothagudem and that therespondents are also residents of Kothagudem. It is convenient forthe parties to attend the Court or to interact with their counsel.
Considering the fact that respondents are more in numberand they are residents of Kothagudem and also in view of the factthat the learned counsel for the petitioner also represented thatthey have office at Kothagudem, I am inclined to withdrawM.V.O.P.No.77O of 2017 pending on the file of the MACT-cum-District Judge, Warangal and to transfer the same to the MACT-cum-V Additional District Judge Court at Kothagudem, BhadradriDistrict, to be tried along with O.P.No.105 of 2017.
Accordingly, the Transfer C.M.P. is allowed andM.V.O.P.No.77O of 2OL7 pending on the lile of the MACT-cum-District Judge, Warangal, is ordered to be withdrawn and transfer t to the MAC l-cum-V Additional District Judge Court atKothagudem, I ihadradri District, to be tried along with O.P.No.105of 2077 pendi rg on the Iile of that Court. Learned MACT-cum-District Judge Warangal, shall transmit the entire record, dulyindexed, withl one month from the date of receipt of a copy of thisorder.
As a se 1uel, the interlocutory applications, if any, shall stand closed.
SD/.N.CHANDRA SEKHAR [RAO]ASSISTAN'I- REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,1. The MACT [-cum- ][' ][/ ]Additional [District Judge, Kothagudem, District Bhadradri]Kothagudem.
2. The M-ACT -cum- listrict Jude, [Warangal, ][District ][Warangal.]
3. One CC to Sri V. [S ][rinivasa ][Rao, ][Advocate ][OPtICl
4. One CC to Sri Pul I Rao Yellanki, [Advocate ][OPUC]
5. One CC to Sri Nar [ravarapu Rajeshwar ][Rao, ][Advocate ]IOPUCI6. Two CD Copies7. One Spare Copygbr HIGH COURT
DATED: 301121,1021l:
ORDERTR.CMP.No.753 of [2018]
ALLOWING TIIE TR.CMP
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