M/S.Vedkiran Infra Projects Private ... vs Sri Madhusudhan Rao Pampalkar
2025 Latest Caselaw 5398 Tel

Telangana High Court

M/S.Vedkiran Infra Projects Private ... vs Sri Madhusudhan Rao Pampalkar on 10 September, 2025

       THE HONOURABLE SMT. JUSTICE RENUKA YARA

 TRANSFER CIVIL MISCELLANEOUS PETITION No.414 of 2024

ORDER:

Heard Sri Ch. Venu Kumar, learned counsel for the petitioners.

None appeared and there is no representation for the respondents.

2. This Transfer Civil Miscellaneous Petition is filed seeking transfer of

O.S.No.209 of 2019 on the file of I Additional Chief Judge, City Civil

Court at Secunderabad, to the Court of I Additional District Judge,

Medchal-Malkajgiri District at Kushaiguda, to club with O.S.No.1148 of

2022, by the petitioners/defendants.

3. The respondents were served with notice way back in the month of

November, 2024, but none appeared and counter is also not filed.

4. It is the case of the transfer petitioners that O.S.No.209 of 2019 is

filed for recovery of money basing on an agreement of sale dated

14.08.2015. Whereas, the suit in O.S.No.1148 of 2022 is filed challenging

the validity of the agreement of sale dated 14.08.2015 and agreement of

sale dated 31.08.2015/01.09.2015. The parties to the suits and subject

matter are common and evidence that is to be recorded in both the suits is

common. Therefore, to avoid passing of conflicting judgments, the

petitioners herein filed the present transfer petition.

RY,J Tr.CMP_414_2024

5. A perusal of the plaints in O.S.No.209 of 2019 and O.S.No.1148 of

2022 shows that parties are common, the subject matter is overlapping and

documents to be exhibited are common. The outcome of one suit is likely

to have impact on the outcome of the other suit. Therefore, to avoid

conflicting decisions and multiplication of proceedings, the petitioner is

entitled to the relief prayed for.

6. In the said circumstances, the Transfer Civil Miscellaneous Petition

is allowed and O.S.No.209 of 2019 pending on the file of the I Additional

Chief Judge, City Civil Court at Secunderabad, is withdrawn and

transferred to the Court of I Additional District Judge, Medchal-Malkajgiri

District at Kushaiguda, to be tried along with O.S.No.1148 of 2022. The

entire original record shall be transmitted within a period of one month.

There shall be no order as to costs. Miscellaneous Petitions, if any,

pending in this appeal, shall stand closed.

_________________ RENUKA YARA, J Date: 10 .09.2025 GVR