HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.75 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking to transfer OS.No.210 of 2013 pending on the file of the I Additional District Judge, Ranga Reddy Court at L.B.Nagar to the IX Additional Chief Judge, City Civil Court, Hyderabad.

2. Heard Sri Sarang J.Afzul Purkar, learned counsel for petitioners and Sri A.Sanjay, learned counsel for respondent.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., as averred in the affidavit filed in support of the TrCMP, are that the petitioners and respondent along with one Vinod Singh and Subodh Singh are sons of Late Sri Sajjan Singh and Smt Taramathi Singh; that their parents acquired several properties during their lifetime and they also formed a society by name ‘Vidya Dayini Educational Society’ with registered office in premises bearing No.8A, Old Santosh Nagar Colony, Near Saidabad, Hyderabad; that their mother expired on 15.07.2007 and their father passed away on 07.07.2020; that the above property is a joint family property; that differences arose between the brothers with regard to management of the properties; and that a suit in OS.No.200 of 2020 is filed by the petitioners before the IX Additional Chief Judge, City Civil Court, Hyderabad, wherein they sought for partition of joint family properties and also for cancellation of gift deeds bearing Nos.4989/2016, dated 07.10.2016 and 462/2014, dated 17.04.2014, executed by their father in favour of respondent and his wife and the said suit is pending. While the matters stood thus, the respondent filed OP.No.14 of 2020 challenging his removal from Vidyadayini Educational Society and he also filed OS.No.210 of 2023 before the I Additional District Judge, Ranga Reddy Court at L.B.Nagar for eviction, recovery of arrears and mesne profits against petitioners herein though he was aware of pendency of suit in OS.No.200 of 2020 filed by petitioners; that one of the schedule properties in OS.No.210 of 2023 is subject matter of suit- OS.No.200 of 2020, wherein the trial Court has also granted status quo orders, therefore, continuation of OS.No.210 of 2023 before the I Additional District Judge, Ranga Reddy Court at L.B.Nagar would result in conflict of judgments and hence, the present Tr.C.M.P. is filed.

4. Learned counsel for petitioners submitted that the suit filed by petitioners in OS.No.200 of 2020 is a comprehensive suit which also includes the property mentioned in OS.No.210 of 2023, however, the respondent, despite having knowledge that a comprehensive suit is filed by petitioners and the same is pending, has filed OS.No.210 of 2023. He further submitted that if both the said suits are pursued independently, there is every possibility of passing conflicting judgments, which unnecessarily would lead to multiplicity of litigation and also would render the judgments passed therein, if the same are in conflict with each other, impossible to be executed by initiating EP proceedings.

5. Learned counsel for petitioners in support of his contentions, relied upon the judgment of the erstwhile combined High Court of Telangana and Andhra Pradesh in G.B.Prasanna Vs. M.D.Vedanayaki (died) and another, 2018(6) ALD 604, wherein a learned single Judge held that when the property involved in two suits is common, the Court can exercise powers under Section 24 CPC to withdraw and transfer the pending suit from one Court to another.

6. Per contra, learned counsel for respondent submitted that the property, which is subject matter of OS.No.210 of 2023 is situated at Saroornagar, which is within the territorial jurisdiction of Ranga Reddy Court, therefore, the respondent filed the suit before the Court having jurisdiction to adjudicate the matter and as such, the same cannot be transferred to the Court of IX Additional Chief Judge, City Civil Court, Hyderabad, as sought for by petitioners, which