Sri Bhoga Rama Chander And Another vs Smt. Banda Eswaramma And 22 Others
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      HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY
              Transfer C.M.P.No.307 of 2011

                     Date : 26-4-2012

Between:
Bhoga Rama Chander and another                      ..
Petitioners

And

Smt. Banda Eswaramma and others                     ..
Respondent




Counsel for petitioners : Sri M. Ram Mohan Reddy
Counsel for respondents : Sri Vikram Ragi for respondent
Nos.6 to 8
                       None appeared for other
respondents
 The Court made the following:



ORDER:

This petition is filed seeking withdrawal of O.S.No.308/2009 from the Court of the learned XIV

Additional Chief Judge (Fast Track Court) , City Civil Court, Hyderabad, and transferring the same to the Court of the

learned III Additional District Judge, at Karimnagar, to be tried along with O.S.No.36/2007.

The defendants in the above mentioned suits filed the

present transfer petition. Respondent No.1 filed O.S.No.308/2009 in the Court of the XIV Additional Chief

Judge (Fast Track Court),City Civil Court, Hyderabad for partition and separate possession of the plaint Schedules A

to I properties. Respondent No.5 filed O.S.No.36/2007 for a similar relief. It is not in dispute that respondent No.1 who is

the plaintiff in O.S.No.308/2009 is defendant No.5 in

O.S.No.36/2007. The petitioners averred that except the plaint Schedule-A property in O.S.No.308/2009, all other

properties which are subject matter of the said suit are also the subject matter in O.S.No.36/2007. The

petitioners/defendants pleaded that since most of the contesting parties and the nature and subject matter of the

suits are common, it is appropriate to try both the suits

together to avoid conflicting Judgments and also facilitating convenience of the parties.

Though the case has undergone several adjournments, none of the respondents have filed counter-

affidavits.

In view of the above uncontroverted facts, I am of the

opinion that in order to avoid conflicting Judgments and to tend to the convenience of the parties, the request of the

petitioners deserves acceptance. Accordingly,

O.S.No.308/2009 is withdrawn from the Court of the learned XIV Additional Chief Judge (F a s t Track Court) , City Civil

Court, Hyderabad and transferred to the Court of the learned III Additional District Judge, Karimnagar, to be tried along

with O.S.No.36/2007.

The Transfer Civil Miscellaneous Petition is

accordingly allowed.

________________________ Justice C.V. Nagarjuna Reddy Date : 26-4-2012

AM