THE HON'BLE SRI JUSTICE P. SAM KOSHY
CIVIL REVISION PETITION No.1660 OF 2023
ORDER:
The instant Civil Revision Petition has been filed assailing the order dated 14.04.2023, passed by the Chief Judge, City Civil Court, Hyderabad, in Transfer Original Petition No.47 of 2023.
2. Heard Sri E.Sreenivas Rao, learned counsel for the petitioner and Sri Damodar Mundra, learned counsel for the respondents.
3. The challenge was primarily on the ground that the suit filed by the petitioner and which is pending consideration before the IV Senior Civil Judge, City Civil Court, Hyderabad, was time barred. That for this an application under Order 7 Rule 11 read with Section 26 of Civil Procedure Code, 1908, so far as the limitation part is concerned was filed.
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4. Today when the matter is taken up for hearing, it has been informed that the application moved by the petitioner under Order 7 Rule 11 read with Section 26 of Civil Procedure Code, 1908, has been rejected vide order dated 12.09.2023. In the light of the application under Order 7 Rule 11 read with Section 26 of Civil Procedure Code, 1908, stands rejected, as a consequence, the suit would have to be now decided on its own merits.
5. Considering the fact that two suits i.e. O.S.No.696 of 2021 and O.S.No.566 of 2022, the former pending before the IV Senior Civil Judge, City Civil Court, Hyderabad, and the later pending before the III Additional Chief Judge, City Civil Court, Hyderabad, are between the same parties and also in respect of the same suit property. In the opinion of this Court for avoidance of conflicting judgment in the two suits and also taking into consideration the convenience of the litigating parties, it would be in the larger interest of 3 justice that the two suits are ordered to be taken up and decided together.
6. In the given circumstances, this Court is of the opinion that since O.S.No.566 of 2022 which is pending before the IV Senior Civil Judge, City Civil Court, Hyderabad, it would be more appropriate if the O.S.No.696 of 2022 is ordered to be transferred to the Court of III Additional Chief Judge, City Civil Court, Hyderabad, for proceeding with the matters together on its own merits in accordance with the law.
7. Learned counsel for the petitioner has given his no objection if the suit from the Court of IV Senior Civil Judge, City Civil Court, Hyderabad, is transferred to the court of III Additional Chief Judge, City Civil Court, Hyderabad, knowing fully well of the consequences thereof.
8. In view of the same, the Civil Revision Petition stands allowed. The Chief Judge, City Civil Court, 4 Hyderabad, is ordered to transfer the O.S.No.696 of 2021 pending before the file of IV Senior Civil Judge, City Civil Court, Hyderabad, to the file of III Additional Chief Judge, City Civil Court. It is made clear that this Court has not expressed any opinion so far as the merits of the case is concerned. The rights of the either parties would remain intact to be adjudicated before the Court below by taking their respective stand including the 15-A application that has been filed by the respondent in O.S.No.696 of 2021. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
__________________ P. SAM KOSHY, J Date: 15.09.2023 GSD