Telangana High Court
Smt. Chadamalla Ananda Kumari vs Smt. Upperla Vena Rani on 12 December, 2023
THE HONOURABLE SMT JUSTICE K. SUJANA TRANSFER CIVIL MISCELLANEOUS PETITION No.281 OF 2023 ORDER:
This petition is filed under Section 24 of the Civil Procedure Code (for short 'C.P.C.'), praying the Court to transfer O.S.No.32 of 2021 pending on the file of Agent to the Government, at Kothagudem, Bhadrari-Kothagudem District, to the file of Principal Junior Civil Judge, at Kothagudem.
2. The brief facts of the case are that the petitioners herein filed O.S.No.32 of 2021 before the Agent to Government, at Kothagudem, Bhadradri-Kothagudem District, under Rule 7 of the Agency Rules, 1924, seeking partition and separate possession of suit schedule property. In the said suit, the petitioners also filed I.A.No.21 of 2022 under Order XXXIX, Rules 1 and 2, read with Section 151 of C.P.C., seeking ad interim injunction restraining the respondents from alienating the petition schedule property in favor of any third parties.
3. Heard learned counsel for petitioners. In spite of service of notice, there is no representation on behalf of respondents.
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4. Learned counsel for petitioners contends that though O.S.No.32 of 2021 was filed in the month of December, 2021, and defendants also contested the matter, the trial Court did not take up the matter for hearing and kept on granting adjournments, due to which justice is not served to petitioners. As such, prayed this Court to transfer O.S.No.32 of 2021 pending on the file of Agent to the Government, at Kothagudem, Bhadradri-Kothagudem District, to the file of Principal Junior Civil Judge, at Kothagudem.
5. In support of the said contention, learned counsel for petitioners relied on the judgment rendered by the High Court of Andhra Pradesh in J.Sitarama Rao and Another Vs. State of Andhra Pradesh 1. Relevant paragraph No.24 reads as under:
"In view of the above discussion we are clearly of the view that the Agency Court constituted under the Scheduled Districts Act and the Andhra Pradesh Agency Rules framed thereunder is a Court subordinate to the High Court and the High Court has power under Section 24, Civil Procedure Code to transfer the suit pending in such Agency Court either to an other Agency Court or a Civil Court. However, on such transfer the said suit would have to be tried in accordance with the same law and 1 1978 AIR (Andhra Pradesh) 82 SKS, J Tr.C.M.P.No.281 of 2023 3 procedure as would have been applicable to that suit if it were to continue before the Agency Court."
6. On going through the material available on record, it is noted that though petitioners filed O.S.No.32 of 2021 in the month of December, 2021, before the Agent to Government, at Kothagudem, Bhadrari-Kothagudem District, and thereafter, I.A.No.21 of 2022 was also filed under Order XXXIX, Rules 1 and 2, read with Section 151 of C.P.C., there is no progress in the matter even till date.
7. The contention of the petitioner is that there is no progress in the suit proceedings and even I.A., is not disposed of by the Court. On the ground of delay in disposal, the transfer of suit to the civil Court is not permissible as there is separate procedure for trial of cases in Agency Court and C.P.C., is not applicable to the agency area. There is no dispute that this Court has power to transfer the cases under Section 24 of the C.P.C., and that Agency Court is subordinate to this Court, as held in J. Sitarama Rao (supra), but mere delay in disposal of the case cannot be a ground for transfer of the case. Moreover, transfer of the case is not a solution for disposal of the case. Therefore, there are no grounds in the present Tr.C.M.P., and the same is liable to be dismissed.
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8. Accordingly, this Transfer Civil Miscellaneous Petition is dismissed. However, the Agent to the Government, at Kothagudem, Bhadradri-Kothagudem District, is directed to dispose of O.S.No.32 of 2021 as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of copy of this order. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this Tr.C.M.P., shall stand closed.
______________ K. SUJANA, J Date :12.12.2023 PT SKS, J Tr.C.M.P.No.281 of 2023 5 30 THE HONOURABLE SMT JUSTICE K. SUJANA P.D. ORDER IN TRANSFER CIVIL MISCELLANEOUS PETITION No.281 OF 2023 DATE:12.12.2023 PT