THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.49 OF 2014 Dated 17th April, 2014 Between:
K.Anil Kumar .. Petitioner-Defendant and Sardar Inderjeet Singh .. Respondent-Plaintiff THE HON’BLE SRI JUSTICE V. SURI APPA RAO TR. C.M.P. No.49 OF 2014 ORDER:
This petition under section 24 of the Code of Civil Procedure is filed by the petitioner-defendant seeking to transfer O.S.No.1573 of 2013 from the file of V Additional Junior Civil Judge’s Court, City Civil Court, Hyderabad, to the Court of XXV Additional Chief Judge, City Civil Court, Hyderabad.
Petitioner seeks transfer of the case on the ground that he filed O.S.No.1573 of 2013 for perpetual injunction whereas the respondent herein filed O.S.No.893 of 2013 for eviction, recovery of money and mense profits and the same is pending on the file of XXV Additional Chief Judge, Hyderabad, for disposal.
Admittedly, both the suits are between the same parties and with regard to the same subject matter of the property. In that view of the matter, it is just and necessary to hear both the suits simultaneously in order to avoid conflicting judgments.
Therefore, this petition is allowed and O.S.No.1573 of 2013 is hereby withdrawn from the file of V Additional Junior Civil Judge’s Court, City Civil Court, Hyderabad, and transferred to XXV Additional Chief Judge’s Court, City Civil Court, Hyderabad, to be tried along with O.S.No.893 of 2013.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 17th April, 2014 sur