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.
SKS, J
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
1978 AIR (Andhra Pradesh) 82
SKS, J
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.
SKS, J
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
THE HONOURABLE SMT JUSTICE K. SUJANA
P.D. ORDER
IN
TRANSFER CIVIL MISCELLANEOUS PETITION No.281 OF 2023
DATE:12.12.2023
PT
