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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Transfer Petition(s)(Civil) No(s). 255/2022

DEVARAPATI USHA RANI & ANR. Petitioner(s)

VERSUS

D. RAMA SUBBAMMA & ORS. Respondent(s)

O R D E R

1.

The petitioners are before this Court seeking transfer of

the Motor Vehicle Accident Claim Proceedings in MV OP No. 182

of 2016 titled “D. Rama Subbamma & Anr. versus T.V. Ramana

Murthy & Ors.” from the Court of the III Addl. District Judge

cum Motor Accident Claims Tribunal, Kurnool at Nandyal, Andhra

Pradesh to the Court of MVACT-cum-Chief Judge, City Civil

Court at Hyderabad, Telangana.

2.

Despite service of notice, there is no representation on

behalf of the respondents.

3.

The learned counsel for the petitioners point out that in

the claim petition initiated by them in M.V.O.P. No. 2136 of

2016 at Hyderabad, the respondents herein, are also arrayed as

party.

4.

In any event, since both the claim petitions arise in

respect of the same cause of action where the husband of the

petitioner herein, died in the accident on 13.04.2016 and in

both the petitions the claim is made claiming to be dependants

Digitally signed by

Nisha Khulbey

Date: 2022.12.14

17:31:51 IST

Reason:

Signature Not Verified

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on the deceased, a common award will have to be passed.

5.

In that view, the prayer made in the instant petition is

accepted and transfer is allowed, as sought for.

6.

Accordingly, the Motor Vehicle Accident Claim Proceedings

in MV OP No. 182 of 2016 titled “D. Rama Subbamma & Anr.

versus T.V. Ramana Murthy & Ors.” is directed to be

transferred from the Court of the III Addl. District Judge cum

Motor Accident Claims Tribunal, Kurnool at Nandyal, Andhra

Pradesh to the Court of MVACT-cum-Chief Judge, City Civil

Court at Hyderabad, Telangana.

7.

The records of the case be transferred to the Transferee Court

forthwith.

8.

Pending application(s), if any, shall stand disposed of.

...................J.

(A.S. BOPANNA)

...................J.

(S. RAVINDRA BHAT)

New Delhi

13^th December, 2022

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ITEM NO.4 COURT NO.13 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Transfer Petition(s)(Civil) No(s). 255/2022

DEVARAPATI USHA RANI & ANR. Petitioner(s)

VERSUS

D. RAMA SUBBAMMA & ORS. Respondent(s)

IA No. 44316/2022 - CONDONATION OF DELAY IN FILING THE SPARE

COPIES

IA No. 18667/2022 - EX-PARTE STAY)

Date : 13-12-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

For Petitioner(s)

Mr. D. Mahesh Babu, AOR

Mr. Shishir Pinaki, Adv.

Mr. Dhanaeswar Gudapalli, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

The petition is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NISHA KHULBEY) DIPTI KHURANA)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

(signed order is placed on the file)