Vadde Jyothi, vs Bollepally Kiran Kumar,
2024 Latest Caselaw 3067 Tel

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

2023 LiveLaw SC 342

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