THE HON’BLE JUSTICE B.R. MADHUSUDHAN RAO

COMMON ORDER:

1. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order passed in Tr.O.P.No.38 of 2022, dated 18.07.2022 by the learned Chief Judge, City Civil Court, Hyderabad.

2.1 Petitioner is the petitioner and respondents are the respondents in Tr.O.P.No.38 of 2022, which is filed under Section 24 of the Code of Civil Procedure to transfer O.S.No.103 of 2019 pending on the file of learned VII Junior Civil Judge, City Civil Court, Hyderabad to the file of learned VII Senior Civil Judge, City Civil Court, Hyderabad, to be tried along with O.S.No.288 of 2022.

2.2 Suit Schedule property in O.S.No.288 of 2022 is House bearing No.2-3-512/4/9/A, Bapu Nagar, Amberpet, Hyderabad with specific boundaries.

3. It is stated in Tr.O.P.No.38 of 2022 that petitioner-plaintiff has filed OS.No.288 of 2022 to declare her as the absolute owner and possessor of the suit schedule property and for perpetual injunction restraining respondents-defendants from interfering in her peaceful possession and enjoyment and also to declare the document No.801 of 2019, dated 18.02.2019 as null and void. It is further stated in Tr.O.P. that respondent No.1 herein has also filed a suit in O.S.No.103 of 2019 for perpetual injunction restraining the petitioner herein – defendant therein from interfering with her peaceful possession and enjoyment over the very same schedule property which is shown in O.S.No.288 of 2022.

4.1 Respondent No.1 herein filed counter to the Transfer O.P. contending that the contentions raised by the parties are different and suit in OS.No.103 of 2019 cannot be transferred to the Court of learned VII Senior Civil Judge, City Civil Court, Hyderabad.

4.2 Suit Schedule Property in O.S.No.103 of 2019 is the same schedule property of O.S.No.288 of 2022.

5. Learned trial Court vide order dated 18.07.2022 has dismissed Tr.O.P.No.38 of 2022 on the premise that the petitioner has approached the Court with unclean hands by filing connected Tr.OPs. with false averments.

C.R.P.No.1850 of 2022

6. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order passed in Tr.O.P.No.40 of 2022, dated 18.07.2022 by the learned Chief Judge, City Civil Court, Hyderabad.

7. The petitioner has filed Tr.OP.No.40 of 2022 against the respondents herein to transfer OS.No.3161 of 2019 pending on the file of learned VII Junior Civil Judge, City Civil Court, Hyderabad to learned VII Senior Civil Judge, City Civil Court, Hyderabad to be tried along with OS No.288 of 2022.

8.1 It is stated in Tr.OP.No.40 of 2022 that petitioner-plaintiff has filed OS.No.288 of 2022 to declare her as the absolute owner and possessor of the suit schedule property and for perpetual injunction restraining respondents-defendants from interfering in her peaceful possession and enjoyment and also to declare the document No.801 of 2019, dated 18.02.2019 as null and void. It is further stated in the Tr.OP. that respondent No.1 herein has filed suit in OS.No.3161 of 2019 against the petitioner herein/defendant No.1 therein and her son (D.Satya Narayana)/defendant No.2 for declaration to declare the document No.407 of 2014 dated 06.02.2014 as null and void and for perpetual injunction restraining the defendants therein not to change the nature of suit schedule property.

8.2 Respondent No.1 herein field counter in the Tr.OP., contending that the contentions raised by the parties are different and suit in O.S.No.3161 of 2019 cannot be transferred.

9. Learned trial Court has dismissed Tr.OP.No.40 of 2022 on the premise that petitioner herein has approached the Court with unclean hands by filing connected Tr.OP.s., with false averments.

10. Learned counsel for the petitioner in both the Tr.OPs. contended that the suit schedule properties in O.S.No.103 of 2019 and in O.S.No.3161 of 2019 are one and the same with that of suit schedule property in O.S.No.288 of 2022. Learned counsel