HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TR.C.M.P.NOs.350, 468 AND 470 OF 2024

COMMON ORDER:

Tr.CMP No.350 of 2024 is filed under Section 24 of the CPC, 1908, by the petitioner, who is respondent No.3 in MVOP No.1143 of 2024, seeking to withdraw MVOP No.1143 of 2024 on the file of the MACT- cum-Chief Judge, City Civil Court at Hyderabad and transfer the same to the MACT-cum-Principal District Judge, Jayashankar Bhupalpalli district at Bhupalapally.

2. Tr.CMP Nos.468 of 2024 and 470 of 2024 are filed under Section 24 of the CPC, 1908, by the petitioners, seeking to withdraw MVOP Nos.5 & 6 of 2024, respectively, on the file of the MACT-cum-Principal District Judge at Jayashankar Bhupalpally and transfer the same to the MACT-cum-Chief Judge, City Civil Court, Hyderabad and to club the MVOP Nos.5 and 6 of 2024 along with MVOP No.1143 of 2024.

3. Since the issue involved in all these matters is one and the same, all the Tr.CMPs were heard together and disposed of by this common order.

4. For convenience, the facts in Tr.CMP No.468 of 2024 are referred hereunder:

(i) Gorre Manasa (hereinafter referred to as deceased) is the daughter of petitioners and respondent No.1 is the husband of deceased; that deceased expired in a road accident that occurred on 19.12.2023 near Ram Honda Showroom, Narsapur Cross Roads, Balanagar, Hyderabad, while she was proceeding as Pillion Rider along with her husband (respondent No.1), on motorcycle bearing registration No.TS-37-0136 and at that time, DCM Van bearing registration No.MH- 14-KA-4315 (hereinafter referred to as ‘crime vehicle’) came with high speed and dashed their motorcycle, due to which, deceased died on the spot. The Police, P.S.Balanagar, Cyberabad registered a case in Crime No.563 of 2023 under Section 304-A against the driver of crime vehicle.

(ii) Petitioners filed MVOP No.1143 of 2024 for compensation on account of death of their deceased daughter before the MACT-cum-

Chief Judge, City Civil Court at Hyderabad.

(iii) Respondent No.1 also filed MVOP Nos.5 and 6 of 2024 for compensation on account of death of his deceased wife and death of unborn child, respectively, on the file of MACT-cum-Principal District Judge at Jaya Shankar Bhupalpally.

(iv) Respondent No.1 has filed Tr.CMP No.350 of 2024 to transfer the MVOP No.1143 of 2024 on the file of MACT-cum-Chief Judge, City Civil Court, Hyderabad to the MACT-cum-Principal District Judge at Jaya Shankar Bhupalpally to club and try the said MVOP along with MVOP Nos.5 and 6 of 2024.

(v) Whereas, petitioners filed Tr.CMP Nos.368 and 470 of 2024 on the file of MACT-cum-Principal District Judge at Jayashankar Bhupalpally to transfer the MVOP Nos.5 and 6 of 2024 to the MACT- cum-Chief Judge, City Civil Court, Hyderabad to try along with MVOP No.1143 of 2024.

5. Learned counsel for petitioners had contended that in MVOP NOs.5 and 6 of 2024, the address of the respondent No.1 was mentioned as H.No.8-1-149/E/2, Prasuna Nagar, Chinthal, Hyderabad and temporarily residing at Ghanpur village and mandal, Jayashankar Bhupalpally district and thus, filed the above two MVOPs before the MACT-cum-Principal District Judge at Jayashankar Bhupalpally. It is further contended that respondent No.1 is a private employee and residing in Hyderabad and the accident had occurred at Balanagar, Hyderabad; that petitioners who are the parents of the deceased, are residing at Hyderabad and filed MVOP No.1143 of 2024 before the MACT-cum-Chief Judge, City Civil Court, Hyderabad, for compensation on account of death of their deceased daughter and the respondent No.1 was made party to the said proceedings.

6. It is further contended that the respondent No.1 filed MVOP Nos.5 and 6 of 2024 before the MACT-cum-Prl.District Judge, Jayashankar Bhupalpally, without making the petitioners as parties to the said MVOPs in order to avoid payment of compensation to them. It is further contended that since all three MVOPs arise out of the same accident, it is appropriate to club all the matte