THE HON'BLE JUSTICE SMT. RENUKA YARA TRANSFER CIVIL MISCELLANEOUS PETITION No.26 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of O.S.No.152 of 2021 pending on the file of the Principal Junior Civil Judge at Bodhan, Nizamabad to the file of the Principal District Judge, Kamareddy, where O.S.Nos.9 of 2014 and 126 of 2007 are pending.

2. Heard Sri Vijay B. Paropkari, learned counsel for the petitioner and Sri M. Kiran Reddy, learned counsel for the respondent Nos.1 and 3. Perused the record.

3. The learned counsel for the petitioner pleaded that all the matters are connected and therefore, all the matters be tried together. Further, it is pleaded that one more Tr.C.M.P. was filed seeking transfer of O.S.No.9 of 2014 pending before the V Additional District Judge, Bodhan, Nizamabad District, to the file of Principal District Judge, Kamareddy. At that time, there was failure to seek transfer of O.S.No.152 of 2021, which was already tagged along with O.S.No.9 of 2014 and therefore, prayed that the present Tr.C.M.P be allowed.

4. Learned counsel for the respondent raised only one question i.e., whether a suit filed on the file of Principal Junior Civil Judge, Bodhan, can be transferred to the file of a District Judge, whose pecuniary jurisdiction is much higher.

5. In this context, it is clarified that a suit of lower pecuniary jurisdiction can be tried by a District Judge, which has higher pecuniary jurisdiction, but not vice versa. Since O.S.No.152 of 2021 can be tried before a District Judge and there is no dispute about all the three matters being connected, the petitioner is entitled to the relief prayed for.

6. In the result, the Tr.C.M.P is allowed and O.S.No.152 of 2021 pending on the file of the Principal Junior Civil Judge at Bodhan, Nizamabad, is withdrawn and transferred to the file of the Principal District Judge, Kamareddy, for disposal along with O.S.Nos.9 of 2014 and 126 of 2007, in accordance with law.

7. The learned Principal Junior Civil Judge at Bodhan, Nizamabad, shall transmit the entire original record in O.S.No.152 of 2021 duly indexed, to the Principal District Judge, Kamareddy, within a period of one (1) month from the date of receipt of a copy of this order. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

__________________ RENUKA YARA, J Date: 02.09.2025 gvl