T.NIRANJAN Vs. RAMESH CHANDER REDDY

JUDGEMENT

(1.) This petition is filed for transfer of O.S.No.644 of 2010 on the file of the Court of II Additional Chief Judge, City Civil Court, Hyderabad, to the Court of the Chief Judge, City Civil Court, Hyderabad, as the connected suits O.S.No.317 of 2010 and O.S.No.248 of 2011 are pending on the file of the Chief Judge, City Civil Court, Hyderabad.

(2.) It is alleged that the petitioner is the defendant in all the three suits and there was an understanding with regard to the payments of the amounts and the defence in all the suits is common and nature of evidence to be adduced is the same. When this Court questioned as to why the application is filed before this Court when the remedy under Section 24 of the Code of Civil Procedure, 1908 (for short, 'CPC') can be availed before the Chief Judge, the learned Counsel for the petitioner contended that in view of the decision of this Court reported in Manchukonda Venkata Jagannadham v. Chettipalli Bullamma and others, 2011 AIR(AP) 104 the said transfer application is not being entertained and consequently it has become a bar.

(3.) According to the purport of the above judgment, Additional District Judge is not subordinate to the District Judge and consequently, the District Judge has no power to transfer the same and cannot exercise the power under Section 24 CPC for transferring of any cases from his file or withdrawing the cases from the file of the Additional District Judge. He did not agree with the Judgment of the Karnataka High Court and also found that under Section 24 CPC it is difficult to import that Additional and Assistant Judges referred to means Additional District Judge and consequently held that the transfer application cannot be entertained by the District Judge.