Telangana High Court
Maddilapuram Anji Reddy, vs Sonte Mallesh, on 24 January, 2023
Bench: Sambasivarao Naidu
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
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
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
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.
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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
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
