Iska Sunil Kumar vs S. Ravichandra Reddy
2023 Latest Caselaw 2445 Tel

     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.

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

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,

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