The High Court · 2025

Petition Under section 24 of the c.P.c. Praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to transfer MVOP.No.84.1 of 2024 from the file MACT-Cum- lX Additional chief Judge, city ...Respondents/ResPondents ,/ civil court, Hydr:rab;rJ to the MACT- cum - District Judge ;rt Maharubnagar to be tried commonly rvi'h \,lt/Op.33 of 2024. lA NO: 1 OF 2025 Petition under liection 151 of cpc praying that in the cir:um,;tances stated in the.affidavit filel ir support of the petition, ttie High court rnay o" prirr"a t" fav aff jurther proceeclrngs in MVop.No.B41 o,t 202i, pending on t" iit" rr,lncr_ cum- lX Additiorra c hief Judge, city civir court, Hydeiabari, Fendirg Jirp"."l the transfer CMF bef,:.r: this Hon'ble court. "t Counsel for the Petit:ioners :Smt. N Sameena Counsel for the Respondent Nos.1 to 4: Smt. Annapurna Sreeram Counsel forthe Respondent No.S & 7 : ___ Counsel for the Respondent No.6 : Sri N Srinath Rao The Court made the 1'ollowing: ORDER HON'BLE SRI IUSTICE LAXMI NARAYANA ALISHETTY Tr.C. M.P.No.35 of 2025 ORDER: This Transfer Civil Miscellaneous Petition is filed seeking transfer of M.V.O.P.No.841 of 2024, flled by the respondents herein, from the file of the Chairman-Motor Accident claims Tribunal-cum-Ix Additional Chief Judge, City Civil Court' Hyderabad to the Chairman-Motor Accident Claims Tribunal- cum- District Judge at Mahabubnagar, to be tried along with M.V.O.P.No.33 of 2024, 2. Heard Smt. Ms. N. Sameena, learned counsel for the petitioner, Smt. Annapurna Sreeram, leamed counsel for respondent Nos.1 to 4. No representation on behalf of the respondent No.5, despite service of notice; Sri' N' Srinath Rao' learned counsel, entered aPpearance on behalf of respondent No.6, and respondent No.7 is a pro-forma party'

3. The brief facts leading to filing of the present TI'C'M'P' are that one Sri Syed Nawaz Ali (herein referred to as'the deceased')' died in an accident on 27-72-2023, while travelling on motor vehicle, within the limits of Macherla Village' Respondent Nos' 1 to 4 hereiry filed M.V.O.P.No.841 of 2024, seeking compensation on account of death of the deceased, before Chairman-Motor ----=-_- -.1-l 2 LNA, J lr.(-; la. \tc .16 oI2025 .r \-'- -I 1 Accidenl (:[irrms Tribunal-cum-IX Aclditional ,-]hie'f ludge, CiW Civil (lo.u'., Hyderabad, without impleading petitione rs hereirl who arr : rtitled for compensation. Petitionerri he ein filed M.V.O.P N:..i3 of 2024, before the Chairman-N4otor Accident Claims 'l'r jrr unal-cum- District Judge at Mahat,rbraga , seeking compensatlc,rr on account of death of the <lecr:esec. Present TT.CMI' ir; filed by the petitioners seek ing t-rernsfer of M.V.O.I'N,rfi41 of 2024 from the fiie of the Chairrran-Motor Accident c ; irns Tribunal-cum-IX Adclitional {_hief Ju.lge, City Civil Clrrt. I{yderabad to the Chairman-Motor Acr:icle,'rt Claims Tribunirl-r:rr rn- District Judge at Mahabubnagar, o avoid conflictlng lecisions and also for comprehensi','r: arljud cation of the matter ; r'rrl apportionment among all the legal he irs

4. Lei r-e ,il counsel for the petitioner woulcl subnri that the both petiriorcrs and respondents are residents of Maha rubnagar and re:; L-, or- rlr:nt No.1, is resident of Kalwakurthy'. l{owever, M.V.O.l).'rlL'.341 oI 2024 is filed before Chairman-Motor ,Accident claims '-r brr ral-cum-IX Additional Chief Judge, rlitr. Ci.,il Court, Hyderarrad, rrely to avoid compensation of the prr,.titr one r.s, which ,/- J LNA, J l'r.CMP.No.36 of 202j is also evident from the application filed by them in which, petitioners have not been made parties.

5. Learned counsel for the respondents would submit that for speedy adjudication of the case, it is appropriate that M.V.O.P. filed by the petitioner pending at Mahabubnagar may be transferred to Hyderabad. However, learned counsel for the respondent did not dispute the contention of the petitioner that there is possibility of passing conflicting judgments.

6. A perusal of the record discloses that the Petitioners as well respondents are permanent residents of Mahabunagar l{owever, respondent Nos.1 to 4 fited M.V.O.P.No.841 of 2024,by mentioning that they temporarily came to Hyderabad, without impleading petitioners, whereas, M.V.O.P.No.33 of 2024, was filed by the petitioners herein without making father and brothers of the deceased as parties. lt is evident from the record that tlvo MVOPs are filed, one by the wife and daughter of the deceased and another by the father of the deceased. Therefore, it is appropriate that both the MVOPs are decided by the same court I I 4 lr ( \lP t t jt ,t, )t))i _\ I ./ to avoid ( orrllictil'tg decisions as well as cclnplicat on in apportion n:rnt c,f the compensation. 7. Acc:rrdin5;[v, this Transfer CMP is allowe(' and F.C.O.P.No \11 of 2024 pending before the C-airnarr'Motor Accident C ainr; Tribunal-cum-IX Additional Chi:f JLrdg::' City Civil Court I I'r ierabad, is withdrawn and transfe rrecl to the file oftheChalrnr.lr-MotorAccidentClaimsTribunar]-cum-)istrict Judge at tr4z,hab ubnagar, for disposal in accordancr' wi Cr I a Lv'

8. Thc e; I rred Chairman-Motor Accident Cl;rim; I r ibunal- cum-IX lidllitonal Chief Judge, City Civil Coutt, llvd:rabad' shall tran;rrit lre entire original recol'd in F C O [''No 8E 'tf 2024 duly ind:> r:c, to the Court of the Chairman-N'lotot 'i'ccident Claims T -iI rr:ra1-cum- District Judge at lrlalLurbu bnagar' preferabl'7 'vitrin a period of one month from thtr da:e o1 receipt of a copy o tlr:sr order.

9. Pen,litLl; misceilaneous applications, if arry, sl-ra 1 stand closed. The re s,lralI be no order as to costs' //TRUE COPYII SD/- A,V.S.PRASAD DEPUT'T REGIS TRAR i q SECTION OFFICER To, 1 The MAC I- 3,, rn- IX Additional Chief Judge, City Civi Cour1, I lyderabad ( $'r,, l,1'"8;;;:.i,3*#,**#,*'1:mt:;' ADK/PSL V I 7 :' h* HIGH COI.JFII DATED:09111412025 I I ORDER TRCMP.No.ll6 of 2025 I I -a' . 111 S 14T (. 2 g,iJll 2m (:. L-) ,'1' \ -.\ t '::.;z ALLOWING 'THE TRCMP WITHOUT COSTS ? bl,.n