THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.67 OF 2013 Dated 11.06.2014 Between:
Rudroju (Chintapalli) Lajavanthi .. Petitioner and Syed Omar Pasha .. Respondent ORDER:
THE HON’BLE SRI JUSTICE V. SURI APPA RAO TR. C.M.P. No.67 OF 2013 This petition is filed under section 24 of the Code of Civil Procedure seeking transfer of O.S.No.618 of 2012 from the file of Principal Senior Civil Judge, Warangal to the file of Principal Senior Civil Judge at L.B.Nagar, Ranga Reddy District on the ground that the petitioner previously lodged complaint to the police against the respondent alleging that he kidnapped his brother Rudroju Rambabu in connection with the civil dispute with regard to the land said to have been purchased by his father in the name of his brother Rambabu. Subsequently he was traced and he has stated before the police that he was not kidnapped by the respondent. Basing on the statement given by Rambabu, the respondent filed suit for damage of his reputation.
Per contra, learned counsel for the respondent submitted that if there is any threat by the respondent, the petitioner is at liberty to lodge complaint to the police.
It is submitted that the earlier compliant lodged by the petitioner was ignored due to the influence of the respondent and the fact that the mother of the petitioner was detained in the police station and obtained signature on blank papers itself indicates that even the mother of the petitioner was not spared, the position of the respondent can be visualized in that contest.
Learned counsel for the petitioner submitted that the respondent is threatening her through phone stating that he would not allow her to step in to Hanumankonda. It is further alleged in the complaint that the respondent is a rowdy sheeter. Due to threat she cannot visit Hanumakonda to defend the case filed by the respondent. Learned counsel for the petitioner submitted that in O.S.No.618 of 2012 filed by the respondent, who is his own sister it is alleged that the mother Rabia bee was taken to the police station on 15.04.2001 and obtained her signature at the police station by detaining her about six hours in the compound of the police station as 4th defendant in the suit was working as typist cum-clerk in the office of Superintendent of Police, Warangal by using influence of the Superintendent of Police. Subsequently the petitioner lodged a complaint to take necessary action against the respondent for threatening her and so far no action has been taken against the respondent by the police on account of influence in spite of several requests and letters, the police also failed to produce information with regard to the opening of rowdy sheet against the respondent. It is further submitted that earlier suit O.S.No.1111 of 2011 filed by the sister of the respondent was also transferred to the Court at L.B.Nagar, Rang Reddy District on the same allegations of threat. The petitioner, therefore, apprehending danger in the hands of the respondent to go to Hanumakonda and cannot defend the suit properly. The suit filed by the sister of the respondent himself in O.S.No.1111 of 2011 indicates that the respondent’s mother was not spared and she was made to detain in the police station and obtained signature and that the sister and mother of the petitioner filed suit for return of the documents obtained at he police station forcibly. All the above facts and circumstances, according to the petitioner indicates that the respondent using force and threatening the petitioner and even the family members. In that view of the matter, the petitioner apprehending danger in the hands of the respondent, therefore, she seeks transfer of the suit filed by the respondent for damages.
Considering the above facts and circumstances, it is just and necessary to allow the petition. The suit O.S.No.618 of 2012 on the file of Principal Senior Civil Judge, Warangal is hereby withdrawn and transferred to the file of Principal Senior Civil Judge, at L.B.Nagar, Ranga Reddy District. The Principal Senior Civil Judge, L.B.Nagar, Ranga Reddy District is hereby directed to dispose of the suit as expeditiously as possible within a period of six months from the date of receipt of a copy of this order.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
V.SURI APPA RAO, J
Dated: 11.06.2014 Kvrm THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.67 OF 2013 Dated 11.06.2014