THE HONOURABLE SMT. JUSTICE RENUKA YARA

ORDER:

1. This petition is filed under Section 24 of The Code of Civil Procedure (for short ‘CPC’) seeking transfer of O.S.No.74 of 2022 pending on the file of the Senior Civil Judge Court, at Mulugu, to the file of Principal Senior Civil Judge Court at Warangal.

2. The case of the petitioners is that a suit for partition and separate possession was filed before the Principal Senior Civil Judge Court at Warangal in the year 2022 and during the bifurcation of Districts, the said suit was transferred to the file of Senior Civil Judge Court, at Mulugu. The transfer petitioners’ natural guardian claims that she is residing at Kashibugga, Warangal District and therefore she intends to prosecute the case at Warangal. As per plaint schedule, out of sixteen (16) properties, fifteen (15) are situated in Mulugu and one property is situated in Warangal Town. On the basis of location on one property in Warangal Town, under Section 17 of CPC, which permits a party to choose the jurisdiction when suit is filed with respect to 3. The learned counsel for respondents vehemently opposed the petition alleging that the suit was transferred by giving due notice to the natural guardian of the transfer petitioners herein that the matter was pending from July 2022 onwards till date. It is submitted that the matter came up for trial on 05.12.2023 and thirteen (13) adjournments are taken for filing the chief affidavit of PW-1. Currently, the matter is coming up for cross examination of PW-1 and at that juncture, the present Transfer Petition is filed.

4. The learned counsel for respondents further submitted that fifteen (15) properties are located in Mulugu and all the parties are residents of Mulugu including the transfer petitioners and their natural guardian and therefore opposed transfer. Referring to the grounds of transfer, according to the natural guardian of the transfer petitioners, a more competent counsel is available in Warangal Town and therefore transfer is sought. The said ground is disputed contending that such a ground cannot be a basis for transfer.

5. Having regard to the versions presented by both the learned counsel for transfer petitioners and respondents, not withstanding the objections raised by the learned counsel for respondents, since there is a statutory provision under section 17 of CPC, enabling the transfer petitioners to prosecute their case in any jurisdiction where the relief prayed for.

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed O.S.No.74 of 2022 stands transferred from the file of the learned Senior Civil Judge Court, at Mulugu, to the file of Principal Senior Civil Judge Court at Warangal. The Court concerned is hereby directed to transmit the entire case file relating to O.S.No.74 of 2022, after duly indexing, within a period of one (01) month from the date of receipt of a copy of this Order, under intimation to the other side. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this petition, shall stand closed.

__________________ RENUKA YARA, J Date:18.09.2025 Note: Issue C.C. by 19.09.2025 B/o. ggd