Telangana High Court
Vadde Jyothi, vs Bollepally Kiran Kumar, on 2 August, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HON'BLE SMT.JUSTICE P.SREE SUDHA
Transfer Civil Miscellaneous Petition No.101 of 2024
ORDER:
This Transfer C.M.P is filed seeking transfer of A.S.No.73 of 2015 from the file of learned 1st Additional District Judge Court, Hanamakonda and transfer the same to the file of this Hon'ble High Court to be heard along with S.A.No.52 of 2006 and S.A.No.1022 of 2006.
2. Heard arguments of both the counsel.
3. Learned counsel for the petitioners furnished the details of the suit filed before the trial Court and also details of the cases at length.
4. Learned counsel for the respondents relied upon the citation reported in "Seethamal & Anr. Vs. Narayanasamy & Ors." 1 wherein it was held as follows:
"A first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common."
5. On perusal of O.S.No.15 of 1995, it is clear that the said O.S is filed for injunction and it was partly allowed against which appeal was preferred in A.S.No.62 of 2004 and the said A.S was dismissed against which S.A.No.52 of 2005 was preferred. The cross objections were filed in S.A.No.52 of 2005 and it was 1 2023 LiveLaw SC 342 2 allowed by the trial Court against which S.A.No.1022 of 2006 was filed before this Hon'ble High Court. Later respondents filed O.S.No.828 of 2003 for injunction basing on the gift deed said to have been executed and it was dismissed against which appeal was preferred i.e., A.S.No.73 of 2015. Now, the said A.S.No.73 of 2015 is also requested to be transferred to this Hon'ble High Court.
6. Admittedly, in the second appeals, the substantial question of law has to be decided but in the appeal and re-appreciation of evidence has to be done as appeal is contravention of suit. If the appeal is decided by the First Appellate Court, the party will have a right of second appeal before the High Court. As such, this Court finds no reason to transfer A.S.No.73 of 2015 from the file of learned 1st Additional District Judge Court, Hanamakonda and transfer the same to the file of this Hon'ble High Court to be heard along with S.A.No.52 of 2006 and S.A.No.1022 of 2006.
7. In the result, Transfer C.M.P is dismissed. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
___________________ P.SREE SUDHA, J Date:02.08.2024 Bw