THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU
TRANSFER CIVIL MISCELLANEOUS PETITION No.412
OF 2022
ORDER :
This Transfer Civil Miscellaneous Petition is filed by the petitioners under Section 24 of C.P.C., with a prayer to transfer Review Petition vide I.A.No.241 of 2022 in A.S.No.68 of 2015 on the file of II Additional District Judge, Rangareddy to try along with A.S.No.230 of 2020 pending on the file of this Court for common disposal. It seems this petition has been filed pursuant to the observations made by this Court in appeal suit vide A.S.No.230 of 2020 dated 17.11.2022, wherein the learned Judge made an observation that the review petition could have been transferred to this Court for hearing along with connected appeal suit for avoiding conflicting decisions.
2. As per the affidavit filed in support of the petition, it seems different suits have been filed by different parties in respect of landed property in Sy.Nos.146/7, 146/2, 258 and 127. The petitioners in the present application have 2 Tr.CMP No.412 of 2022 claimed that 1st petitioner has purchased an extent of 12 guntas of land in Sy.No.146/7 and 17 guntas in Sy.No.146/2 which was shown as "A" schedule property, the 2nd petitioner purchased an extent of 36 guntas of land in Sy.No.258 which was shown as "B" schedule property and the 3rd petitioner purchased an extent of Ac.1-28 guntas in Sy.No.127 shown as "C" schedule property in the suit filed by them vide O.S.No.1633 of 2008.
3. It also appears that these petitioners have filed O.S.No.39 of 2002 on the file of Junior Civil Judge, Ibrahimpatnam to restrain the alleged interference by one Sonte Mallaiah (respondent No.1). The said Sonte Mallaiah disclose in the above said O.S.No.39 of 2002 about an agreement of sale dated 30.07.1984 and claimed that he obtained an exparte decree in respect of the above said properties, thereby the petitioners have filed another suit vide O.S.No.48 of 1996. They have also pleaded that during the pendency of O.S.No.48 of 1996 the said Sonte Mallaiah colluded with Hanumanth Reddy (respondent No.4) and others and created registered sale deed on 05.10.2005. The 3 Tr.CMP No.412 of 2022 co-sharers have executed release deed in favour of respondent No.4 and based on the said release deed, respondent No.4 filed another suit vide O.S.No.1337 of 2008 on the file of I Additional Senior Civil Judge, Rangareddy. A transfer petition was filed, and basing on the orders of the said petition, O.S.No.39 of 2002 was transferred to I Additional Senior Civil Judge and renumbered as O.S.No.1723 of 2009. O.S.No.74 of 2002 was re-numbered as O.S.No.1633 of 2008. All the above suits i.e., O.S.Nos.1337 of 2008, 1633 of 2008 and 1723 of 2009 were disposed by a common judgment. O.S.No.1337 of 2008 was decreed and the remaining two suits were dismissed.
4. Therefore, the appeal suit vide A.S.No.383 of 2015 was preferred against the judgment in O.S.No.1723 of 2009, but the same was dismissed. Another appeal vide A.S.No.68 of 2015 against the judgment in O.S.No.1337 of 2008 was preferred and the appellant therein filed additional documents along with application under Order 41 Rule 27 r/w Section 151 CPC and the said petition was 4 Tr.CMP No.412 of 2022 allowed by the appellate Court. A.S.No.68 of 2015 was dismissed by the appellate Court on 17.02.2022.
5. Therefore, the appellants therein, filed review petition vide I.A.No.241 of 2022 and the same is pending before II Additional District Judge, Rangareddy.
6. The petitioners have further stated that they have filed A.S.No.230 of 2020 before this Court against the judgment in O.S.No.1633 of 2008. Though they moved an application for clubbing all the suits at the appellate stage, their application was dismissed by this Court on 03.09.2021. However, while hearing A.S.No.230 of 2020, this Court made an observation that to avoid conflicting orders, it would be better to get the review petition be transferred to this Court, thereby the petitioners have filed this application with a prayer to transfer I.A.No.241 of 2022 in A.S.No.68 of 2015 from the file of II Additional District Judge, Rangareddy for hearing and disposal along with A.S.No.238 of 2020 pending before this Court. 5
Tr.CMP No.412 of 2022
7. Proof of service filed. The respondents appeared before the Court through learned Advocate. When the matter is taken up for hearing and when learned counsel for the appellants submitted the circumstances under which the present transfer petition has been moved, learned counsel for the respondents reported no objection for transfer of the above referred review petition from II Additional District Judge, Rangareddy to High Court.
8. As could be seen from the above referred averments and as per the record, the review sought to be transferred from II Additional District Judge, Rangareddy is against the judgment in A.S.No.68 of 2015, which in fact was disposed on 17.02.2022. It is a fact that A.S.No.68 of 2015 has been filed against the judgment in O.S.No.1337 of 2008. The affidavit filed in support of the petition and the arguments advanced by the counsel clearly shows that three different suits referred above were disposed by a common judgment and A.S.No.230 of 2020 has been filed against the judgment in O.S.No.1633 of 2008 whereas the review petition is in respect of O.S.No.1337 of 2008. Therefore, as 6 Tr.CMP No.412 of 2022 rightly submitted by the counsel for the petitioners here, it is just and necessary to get the review petition be transferred to this Court for disposal along with A.S.No.230 of 2020 for which, learned counsel for the respondents reported no objection.
9. In the result, the petition is allowed. I.A.No.241 of 2022 pending on the file of II Additional District Judge, Rangareddy, is withdrawn and transferred to this Court for hearing along with A.S.No.230 of 2020.
10. The concerned Court is hereby directed to transmit the entire case file, after duly indexed, within (4) four weeks from the date of receipt of this Order, under the intimation to the other side.
As a sequel, pending Miscellaneous Applications, if any, shall stand closed.
___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date:24.01.2023 Pssk