Allowed

Smt. Mekala Rukminamma, v. Konijan Lakshmaiah (Died)

Telangana HC18 Mar 2011CRP/2853/2009

Case brief

AI extract

What is this about?

The bench allowed this civil revision petition against an order dismissing an application to remit a suit to the Senior Civil Judge, Vijayawada. Holding that pecuniary jurisdiction lay with the Senior Civil Judge, the court set aside the lower court's order and allowed the transfer.

What did the court decide?

Impugned order dismissing I.A.No.54 of 2008 allowed; suit transferred to the Court of Senior Civil Judge, Vijayawada.

Smt. Mekala Rukminamma, Vs Konijan… — Contract and Commercial Disputes | Telangana HC (2011)

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HON’BLE SRI JUSTICE A. GOPAL REDDY

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CIVIL REVISION PETITION No.2853 OF 2009

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DATE:18-03-2011

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BETWEEN

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Smt. Mekala Rukminamma and others

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…Petitioners AND

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Konijam Lakshmaiah (died) and others

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…Respondents

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THIS COURT MADE THE FOLLOWING:

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HON’BLE SRI JUSTICE A. GOPAL REDDY

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CIVIL REVISION PETITION No.2853 OF 2009

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ORDER:

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This revision is filed by the plaintiffs against the orders of the Judge, Family Court-cum-IV Additional District and Sessions Judge, Vijayawada dismissing I.A.No.54 of 2008 in O.S.No.35 of 1997, dated 20.1.2009 filed for remitting the suit to the Court of Senior Civil Judge, Vijayawada for disposal.

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Admittedly, the suit was initially filed before the Subordinate Court, Vijayawada in O.S.No.459 of 1988 for declaration and other reliefs valuing the suit at Rs.2,24,625/-. The said suit was suo moto transferred to the District Court and re-numbered as

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O.S.No.35 of 1997 and later on, it was made over to IV Additional District and Sessions Judge-cum-Judge, Family Court. As per the pecuniary jurisdiction, since the suit has to be tried by the Senior Civil Judge, Vijayawada in view of Section 16 of the Civil Courts Act, petitioner filed the impugned I.A. for transferring of the suit to the Court of Senior Civil Judge, Vijayawada. The said I.A. was dismissed by the impugned order with one line stating that there are no reasonable grounds to remit the plaint.

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As per the value of the suit, the Court of Senior Civil Judge will have jurisdiction to try the suit, but it cannot be transferred to the District Court, which can entertain the suits above five lakhs as on the date when the suit was instituted, which was subsequently, enhanced to Rs.10 lakhs in 2000. In that view of the matter, the impugned order passed by the lower Court is set aside and I.A.No.54 of 2008 is allowed transferring the suit to the Court of Senior Civil Judge, Vijayawada.

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The revision is accordingly allowed. No order as to costs.

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_______________ A. GOPAL REDDY, J.

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MARCH 18, 2011 Tsr.

Smt. Mekala Rukminamma, v. Konijan Lakshmaiah (Died)

Case brief

What is this about?

What did the court decide?

Smt. Mekala Rukminamma, v. Konijan Lakshmaiah (Died)

Case brief

What is this about?

What did the court decide?

What the court decided

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