Dismissed

Katta Suresh Babu v. Gorre Santhosh Kumar and Another

Telangana HC24 Mar 2022TRCMP/17/2021

Case brief

AI extract

What is this about?

The High Court dismissed a Transfer Civil Miscellaneous Petition filed under Section 24 CPC seeking transfer of a suit. The court rejected the petition as it was filed ex-parte, noting the petitioner remained absent despite service of notice and lack of representation.

What did the court decide?

Transfer of suit withdrawn; original suit remains with Trial Court; no order as to costs.

Katta Suresh Babu Vs Gorre Santhosh Kumar… — Civil Procedure and Limitation | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE TWENTY FOURTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY

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TRANSFER CIVIL MISCELLANEOUS PETITION NO: 17 OF 2021

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Between:

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Katta Suresh Babu, S/o. Eshwar, Occ. Caste Profession, R/o. H.No. 1-24, Gudiwada, Damerakunta [t4andal, Karimnagar District.

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...Petitioner/2nd Defendant

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AND

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.1 Gorre Santhosh Kumar, S/o. Ramaiah, R/o. H.No. 2-124, Adarsha Nagar, Chennur Village and lt4andal, Ivlancherial District.

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2 chokkamgari Vinay Kuma r, s/o. Shanka r Babu, R/o. J":::irT:T"::::Village and Mandal, Mancherial District.

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...RespondenUl "t Defendant

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Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to with draw the suit O.S. No. 68 of 2020 from the file of the Junior Civil, Judge at Chennur, l,4anchrial District, and transfer the same to the Court of Principal Judicial First Class lVlagistrate, at Manthani, Peddapally District.

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lA NO: 1 OF 2021

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Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Coud may be pleased to grant stay of all further proceedings in O.S. No. 68 of 2020 on the file of the Junior Civil Judge, at Chennur including appearance of the petitioner, pending disposal of the above Transfer C.tV.P.,

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Counsel for the Petitioner: M/s P. V. NAGAMANI (Not present)

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Counsel forthe Respondent No.1:SRl G. RAJKUMAR

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Counsel for the Respondent No.2:

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A.VENKATESHWAR REDDY

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Tr.C.M.P.No,L7 OF 2O2L

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ORLER:

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In view of the proceedings dated 30. 12.2021, nottce was ordered to the petitioner. As per the office report, notice on the petitioner is served, but called absent and there is no representation on his behalf

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Heard learned counsel for respondent No.1.

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This Tr.C.M.P., is filed under Section 24 of C.P.C., seeking withdrawal of O.S.No.6B of 2O2O on the file of the Junior Civil Judge at Chennur and to transfer the same to the Cou'rt of the Principal Judicial First Class Magistrate at Manthani, Peddapally District.

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There is no representation on behalf of the petitioner despite service of notice and learned counsel for respondent No.1 submits that in O.S.No.68 of 2O2O, triaJ has commenced and there is no necessity for transfer.

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AVR,J TT.CMP 17 2021

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Having regard to the submissions and considering the fact that despite service of notice, the petitioner remained absent, I find no merit in this petition.

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Accordingly, the Tr.C.M.P. is dismissed for default/ non-prosecution. In the facts and circumstances of the case, there shall be no order as to costs. Miscellaneous petitions, if any, pending, in this Tr.C.M.P. sha1l stand

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closed.

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ASSISTANT REGISTSD/.T.JAYAS RAR^REE //TRUE COPY//

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To, . SECION OFFICER 1. The lunior Civil, Judge, at Chennur, Ivlanchriat District. z r ne^prncipar Judiciar. First crass ft/agistrate, at Manthani. peddapa[y District. 3. One CC to M/s p. v. Nagamani, nO"ocit"-iOiUbl 1. 9n" !!^{t-o pri G. Rajkumar,norocrie} io-pUci5. Two CD CopiesTwo CD CopiesCD Copies

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. SECION OFFICER

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Two CD CopiesTwo CD CopiesCD Copies

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One Spare Copy MIVK MMA

,/ ./

HIGH COURT

DATED:2410312022

ORDER

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TRCMP.No.17 of 2021

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i1..

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DISMISSING THE TRANSFER CIVIL MISCELLANEOUS^PETITIONFOR DEFAULT

Katta Suresh Babu v. Gorre Santhosh Kumar and Another

Case brief

What is this about?

What did the court decide?

Katta Suresh Babu v. Gorre Santhosh Kumar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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