IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HONOURABLE SMT. JUSTICE RENUKA YARA

TR. CIVIL MISCELLANEOUS PETITION No.243 of 2024

11^th DAY OF DECEMBER, 2025

Between:

P.V. Amarender Reddy.

…Petitioner

AND

P. Venkata Saieshwar Reddy and 7 others.

...Respondents

ORDER:

Heard Sri Sankalp Pissay, learned counsel for the petitioner. No

representation on behalf of the respondents. Perused the entire record.

2. The Tr.C.M.P. is filed by the petitioner seeking transfer of O.S.No.467 of 2022 pending on the file of the I Additional District Judge, Ranga Reddy District at L.B.Nagar, to the Court of the XXV Additional Chief Judge, City Civil Court, Hyderabad, where O.S.No.132 of 2020 is pending, such that both suits can be tried together and disposed of

simultaneously.

3. The petitioner pleaded that the subject matter of O.S.No.467 of 2022 is Plot bearing No.5/P admeasuring 360 square yards out of Survey No.167/P situated at Solipur Village of Farooknagar Mandal, Ranga Reddy

District. The said property is also a subject matter of suit in O.S.No.132 of 2020, which is filed seeking partition and separation possession of schedule-A to H properties. Out of said A to H properties, schedule D property is the plot No.5/P in Survey No.167/P of Solipur Village. Further, the parties to the suit in O.S.No.467 of 2022 are parties to the suit in O.S.No.132 of 2020. It is pleaded that in case both the suits are not tried together there is possibility of conflicting decisions being passed by two Courts of co-ordinate jurisdiction. Further, it is pleaded that O.S.No.132 of 2020 is a comprehensive suit whereas the suit in O.S.No.467 of 2022 is a suit for specific performance and therefore, O.S.No.467 of 2022 is to be transferred from the file of the I Additional District Judge, Ranga Reddy District at L.B.Nagar to the file of XXV Additional Chief Judge, City Civil Court, Hyderabad.

4. During pendency of the Tr.C.M.P. on account of re-organization of Districts and creation of a District Judge's Court in Shadnagar, O.S.No.467 of 2022 has been transferred from the file of I Additional District and Sessions Judge at L.B.Nagar and re-allotted to the file of XVI Additional District and Sessions Judge at Shadnagar. Accordingly, an amendment has been carried out in the prayer and pleadings of the main Tr.C.M.P, replacing O.S.No.467 of 2022 with O.S.No.46 of 2025 pending on the file of XVI Additional District and Sessions Judge, Ranga Reddy District at Shadnagar.

5. Notice was served on the respondents and proof of service is filed along with memo dated 10.09.2024. However, there was no representation and no counter filed by the respondents.

6. A perusal of the plaint in O.S.No.132 of 2020, shows that the same is a comprehensive suit filed for relief of partition and separate possession with respect to A to H properties. Out of said properties, Schedule D property is subject matter of O.S.No.46 of 2025 pending on the file of the XVI Additional District Judge, Ranga Reddy District at Shadnagar. The parties to both the suits are family members. Further, the documents to be relied upon by the parties to the suits may be common. The reliefs sought in both the suits are distinct and different. However, the outcome of the suit in O.S.No.132 of 2020 is going to have a direct bearing on the result in the suit in O.S.No.46 of 2025 pending on the file of XVI Additional District Judge. Be that as it may, both suits cannot be clubbed as the nature of evidence to be led in a suit for specific performance would be different from the nature of evidence to be led in a suit for partition and separate possession. Nevertheless, in order to avoid conflicting decisions, it is just and proper that both the suits are tried simultaneously before one Court in order to avoid conflicting decisions. In view of the foregoing discussion, the transfer petitioner is entitled to the relief prayed for.

7. In the result, the Tr.C.M.P. is allowed and suit in O.S.No.46 of 2025 pending on the file of th