Allowed

G. Rakesh Goud v. Chilimila Rajaiah

Telangana HC22 Dec 2023TRCMP/151/2023

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under CPC Section 24, directing O.S.No.577 of 2022 to be transferred to Principal Junior Civil Judge, Gajwel for joint trial with O.S.No.119 of 2022 to avoid conflicting orders regarding the same agricultural property.

What did the court decide?

O.S.No.577 of 2022 transferred from Additional Junior Civil Judge, Gajwel to Principal Junior Civil Judge, Gajwel for joint trial with O.S.No.119 of 2022.

G. Rakesh Goud Vs Chilimila Rajaiah — Property and Title | Telangana HC (2023)

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13385l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE TWENry SECOND DAY OF DECEMBER TWO THOUSAND AND TWENW THREE

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PRESENT

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THE HON'BIf SMT. JUSTICE K. SUJANA

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Tr.C.M.P.No:151 of 2023

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Between:

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Q-$afe.s!-Goud,^{S/o Laxman Goud, aged 39 years,} Occ. Business, resident of H.No.1-1-28, Plot no 28, Brundavan iirtonv. 6andtaguAi Corony,-bffii"&; jagir, Rajendranagar, KV Ranga Reddy distri6t.

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... Petitioner/Defendant

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AND

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Chilimila Rajaiah, S/g lgte pochaiah, Age. 54 years, Occ. Agricutture, R/o Baswapur Village of Mulugu Mandal, Siddipet District.

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chilimila chandraiah, s/o Late pochaiah, Age. 45 years, occ. Aqriculture. R/o Baswapur Viltage of Mulugu Mandal, Sidiri$t Distiict.

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Chilimila Krishna, S/o Late^pochaiah, Age.43 vears. Occ. Aqriculture. R/o Baswapur Viilage of Mulugu Mandal, Siddipet bistrict.

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...DefendanUDefendant

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Chilimila Babu, S/o -Qalanarsaiah Age 3g years, Occ. agriculture, R./o Baswapur Village of Mulugu Manda'i, SiOCipet Oistrict.^"

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Gamilapuram^Balamani, Wo.Kishna, Age. 34 years, Occ. House wife, R/o H.No.445 I 2, S inga ipaili, Hakimpet, Rad'ga Reddy D'istrict.

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...RespondenUPlaintiffs

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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 TRANSFER o.S.No.577 ot 2022 from the file oi Additionat Junior iirit .l,rog", Gajwel to Principal Junior Civil Judge at Gajwel to conduct joint trial.

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lA NO: I OF 2023

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Petition under section 151 cpc praying {hat in the circumstances sta{ed in the affidavit filed in support of the petition, ttre High court may be pleased to grant stay of all further proceedings in o.s.No.s77 of 2o2z on tfre file of the Additional Junior Civil Judge at Gajwel.

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lA NO: 2 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be^pleased to grant stay of all further proceedings in O.S.No.119 of 2022 on the file of Principal Junior Civil Judge, Gajwel.

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Counsel for the Petitioner: SRI S. VIPLAV SIMHA REDDY

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Counsel for the Respondents: None Appeared

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The Court made the following: ORDER

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,//

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THE HONOURABLE SMT. JUSTICE K. SUJANA

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Tr.C.M.P.No.151 OF 2023

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ORDER:

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This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner, seeking to transfer O.S.No.577 of 2022 pending on the file of the learned Additional Junior Civil Judge, Gajwel, to the file of the learned Principal Junior Civil Judge, Gajwel.

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Heard Sri S. Viplav Simha Reddy, learned counsel for the petitioner. Though notice served upon the respondent, none appeared on his behalf.

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The facts of the case are that O.S.No.577 of 2O2O is frled seeking partition and separate possession and declaration, which is pending on the file of the learned Additional Junior Civil Judge, Gajwel. O.S.No.ll9 of 2022 is filed seeking declaration of titJe recovery of possession and rectihcation of records, which is pending on the frle of the learned Principal Junior Civil Judge, Gajwel. The petitioner herein is the defendant No.4 in O.S.No.577 of 2O2O and the sole defendant in O.S.No.ll9 of 2022.

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)

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SI(S J Tr.C.M.P.No.¹ 51 of 2023

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karned counsel for the petitioner^{submitted that the} said two civil suits are frled by respondent^{Nos.4and 5 herein} against the petitioner herein^{pertaining to the same schedule} property i.e., agricultural land in Sy.No.lSA^admeasuring Ac.l.32 guntas, in Sy.No.18e/21 admeasuring^{Ac.O.20 guntas} in total admeasuring Ac.2.l2 guntas situated at^Baswapur Village, Mulugu Mandal, Siddipet District. Learned^counsel further submitted that both the cases^{are pendingin the same} District but in different Courts, if both^{petitions are tried by} the different Courts, there might be conflict^{of orders, as such,} prayed the Court to transfer O.S.No.577 of 2022 from the^frle of the learned Additional Junior Civil Judge,^{Gajwel, to the llle} of the learned Principal Junior Civil Judge,^G4jwel.

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Having regard to the submissions made by the^learned counsel for the petitioner and having gone through^the material available on record, if both suits are tried in different Courts, there may be a chance of conflicting of orders,^which will cause great prejudice to the parties, this Court^deems it appropriate to tralsfer O.S.No.577 of 2022 from the hle^{of the} learned Additional Junior Civil Judge, Gajwel, to the^{frle of tfre}

SKS, J Tr.C.M. P.No.¹ 5 1 of²⁰² 3

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Iearned Principal Junior Civil Judge,^{Gajwelto be tried along} with O.S.No.ll9 of 2022.

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Accordingly, the Transfer Civil^{Miscellareous Petitionis} allowed. O.S.No.577 of 2022^{stands transferredfrom ttre file} of the learned Additional^{Junior Civil Judge, Gajwel, to the file} of the learned Principal Junior^{Civil Judge, Gajwel,to be tried} along with O.S.No.119^{of 2022 pending on the file of the} learned Principal Junior^{Civil Judge, Gajwel. The Court} concerned is hereby directed^{to transmitthe entire case file} relating to O.S.No.577 of 2022,^{after duly indexed, within a} period of one (1) month from the^{date of receipt of a copy of} this Order, under intimation^{to the other side. Thereshallbe} no order as to^costs.

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Pending Miscellaneous Applications,^{if any, shall stand}

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clo sed.

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SD/- T. JAYA$REE ASSISTANT REGISTRAR I

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//TRUE COPY// I '-/ SECTION OFFICER

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To,

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The Additional Junior Civil Judge, Gajwel 2. The Principal Junior Civil Judge at Gajwel

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One CC{o SRI S. VIPLAV SIMHA REDDY, Advocate [OPUC] 4. Two CD Copies

kam/JAK

HIGH COURT

DATED:2211212023

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ORDER

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TRCMP.No.151 of 202t

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THE TRANSFER CIVIL MISCELLANEOUS PETITION IS ALLOWED

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G. Rakesh Goud v. Chilimila Rajaiah

Case brief

What is this about?

What did the court decide?

G. Rakesh Goud v. Chilimila Rajaiah

Case brief

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