THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.140 OF 2013 Dated 19th June, 2014 Between:
The Indigenous Churches in India Trust & 6 others .. Petitioners and Prabhudas & others .. Respondents THE HON’BLE SRI JUSTICE V. SURI APPA RAO TR. C.M.P. No.140 OF 2013 ORDER:
This application is filed by the petitioners seeking to withdraw O.P.No.254 of 2013 from the file of III Additional Chief Judge, City Civil Court, Hyderabad, to the Court of II Additional Chief Judge, City Civil Court, Hyderabad, to be tried and disposed of along with O.S.No.380 of 2010.
Heard both sides and perused the material on record.
Learned counsel for respondent Nos.1 to 5 reported no-objection for transfer of the case as prayed by the petitioners.
Though Mrs.Nirmala Kale and Mr.John Sushil Kale, who are impleaded as respondent Nos.6 and 7 to the transfer petition, party-in- person reported no-objection for transfer of O.P. as prayed by the petitioners, however, seriously opposed the petition in so far as the request of the petitioners with regard to joint trial of suit and O.P. on the ground that they are not parties to O.P. and the procedure to be followed in the O.P. is summary in nature whereas the proceedings in suit are to be under the Code of Civil Procedure.
As seen from the material on record, the subject matter of the O.P. and the suit are one and same, but the parties are different.
Since the subject matter of O.P. and suit is one and same, in the interest of both the parties and to avoid conflicting judgments, it is just and necessary that the O.P. and suit are to be tried by one Court.
Hence, O.P.No.254 of 2013 is hereby withdrawn from the file of III Additional Chief Judge, City Civil Court, Hyderabad, and transferred to II Additional Chief Judge, City Civil Court, Hyderabad.
Further, the aspect as to clubbing the trial of both the matters has to be decided by the II Additional Chief Judge, City Civil Court, Hyderabad, taking into consideration the pleadings in both the matters and after hearing all the parties by giving reasonable opportunity.
With above observations, the Transfer Civil Miscellaneous Petition is allowed.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 19th June, 2014 sur