G SUDHARANI Vs. ICFAI ACADEMY

JUDGEMENT

(1.) This Transfer C.M.P. is filed praying for transfer of O.S.No. 1511 of 2008 from the file of the II Senior Civil Judge, City Civil Court, Hyderabad, to the file of the Principal Senior Civil Judge, Eluru to be tried along with O.S.No. 350 of 2008.

(2.) Sri D.V. Sitarama Murthy, who entered appearance on behalf of the respondent filed counter-affidavit and opposed for granting of relief in the present Transfer C.M.P.

(3.) Sri V.V.L.N. Sarma, the learned counsel representing the petitioners had taken this Court through the contents of the affidavit filed in support of the Transfer C.M.P., filed under Sec. 24 of the Code of Civil Procedure and would maintain that in the light of the fact that already a suit O.S.No. 350 of 2008 on the file of the Principal Senior Civil Judge, Eluru between the parties is pending disposal, it is just and proper to transfer O.S.No. 1511 of 2008 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad also to the said Court. The learned counsel would also further maintain that in fact, the lease agreement was also executed at Eluru only as can be seen from the said document. The learned counsel would also further maintain that the clause on which, reliance is being placed by the respondent would not come in the way of this Court in ordering transfer of the suit as prayed for, if the conditions under Sec. 24 of the Code of Civil Procedure are satisfied. The learned counsel also relied on certain decisions to substantiate his submissions.