The High Court · 2025

...Respondents Petition Under Section 24 of rhe c.p.c. praying that in the circumstances stated in the affidavit fired. therewith, the Hrgh cou'rt may be preased to transter the civil Suit in o.s.No 74 of 2024 on the-fite oi senior ciriilrog"-i.rii'"t Mulugu (old o.s.No. 22 ot 2022 on the fire of principar Senior civir JiJg"-c;.t, warangat) from Murugu to the principar senior civii'.ruoge court at-w"ianiJio,. to any other equally competent court either at warangal or at Hanamkonda -- lA NO: 'l OF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, ir,J High court may be preased to stav of all further proceedings in O.S. No.74 ot 2024 on the file of Senior Civil Judge Court at Mulugu, pending disposal of this Transfer Petition. lA NOr 2 OF 2025 Between: -1 . Kommu Rayamallu, S/o. Late Veeraiah, Aged about lVlajor, occ- Agriculture, R/o. H.No. 3-1 1, Ivlallampally Village, Mulugu Mandal and District. 2. Kommu Shankar, S/o. Kommu Rayamallu, Aged about Major, Occ- Agriculture, R/o. H.No. 16-4-821, Shrva Nagar, Warangal District.

3. Kommu Ashok, S/o. Kommu Rayamallu, Aged about Ma1or, Occ- Agriculture, R/o. H.No. 3-11, tvlallampally Village, Mulugu Mandal and District.

4. Smt. Ella Rama, W/o. Kumaraswamy, Aged about Major, Occ- Homemaker, R/o. Shanigaram Village, Nallabelly Mandal, Warangal District. ...Petitioners/Respondents AND '1 . Kommu Chandrashekar, S/o. Shankar, aged about 4 years, [\/inor, R/o. H.No 11-18-111, Kashibugga, Warangal District.

2. Master Kommu Hanvith, S/o. Shankar, aged about 2 trz years, Minor, R/o H.No. 11-18-11'1 , Kashibugga, Warangal District. (Petitioners 1 and 2 are being minors represented by their mother and natural guardian Smt. Kommu Sravanthi, Wo. Shankar, Age 39 years, presently residing at H.No. 11-18-111, Kashibugga, Warangal District). ...Respondents /Petitioners Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order dated 0210412025 in l.A.No.1 of 2025 in Tr.C.M.P.No.141 ol 2025 in the interest of justice. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the Petitioners to file FairiAdditional Counter Affidavit along with additional documents and the same may be taken on record. Counsel for the Petitioners: SRI NADIPALLY ANANDA RAO Counsel for the Respondents: SRI D ANIKETH REDOY The Court made the following: ORDER THE HONOURABLE SMT. .IUSTICE RENUKA YARA Tr.C.M.p.No .141 ot 2025 ORDER: l This petition is fired under secti on 24 of The code of civil Procedure (for short .CpCJ 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 Warangat. 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 I,e of Senior civ, 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 wara,gal. As per praint 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 pafty to choose the jurisdiction when suit is filed with respect to immovable property, the present Transfer petition is filed. 3. The learned counsel for respondents vehemently opposed the .o Petttion alleging that the suit was transferred by giving due notice to the natural guardian of the transfer petitioners herein that the matter ) i \! ._l \a-Fffi.; i 'i:.- i!'l';'q _, j \:.'" *: \ . RY,J, t4t 2025 \ .\ TT.CMP waspendingfromJuly2022onward,stilldate.Itissubmittedthatthe matter carne up for trial on 05 '12 '2023 and thirteen (13) adjournments are taken for filing the chief affidavit of PW- l 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 locatecl in Mulugu and all the parties are residentsofMuluguincluclingthetransferpetitionersandtheir natural guardian and therefore opposed transfer' Referring to the grounds of transfer, according to the natural guardian of the tralsfer 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 objectionsraisedbythelearnedcounselforrespondents,sincethereis a statutory provision under section 17 of CPC, enabling the transfer petitioners to prosecute their case in any jurisdiction where the immovable property is located, the transfer petitioner is entitled to the relief prayed for. 2 t I I I i i i I 4$ r..clrp-r+r_N# "f 202: the 7..-^"_ Transfer civir Misc

6. Accordingry, o.s.No.74 senior civii Judge :.,":::,t'T*.; ffi:" ;l; r;" H:' ;:il;: :,:r" '1"i1.:j:" *'"** ," indexing, wthin . r:,:: ll' a copy of this order, no order as to costs. r;:;;" ":;':;;::::; tto* the date of receipt of --4Eq.,, Lo tne other side' There sha-lr be " rrrod of one (01) month under intimation to ,nl orPrincipar senior civi, "" " Miscellaneous petitions, if any, pendi -- *.r: penalng in this petition, shall stand closed IITRLJE COPYII 'o';E;??Y".i,t+[fA SECTION OFFICER Judge court, warangar,l\,'rulugu cctosr r;il;^:::::::::fl:J:J?l"ro Senior C

1. The principal 2. Theprincipal seniorci : :"" 4. One CC to Sri D.Anikefl 5. Two cD copies r Reddy' Advocate IoPUcl I 1 To NVB -& .-,-':' - .- :-_-::i:-;'-- :. rr . - ,i.rl!..r\ . '. 'i.. ..: "''',, I: 'jr:P T,xs HIGH GOURT DATED:1810912025 j'.. / ,.'/.,,,. ,tr' <.w lj l]' t'.. . r^ ORDER TRCMP.N o'141of 2025 ALLOWING THE TR.C.M,P