(1.) This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/ defendant No.2 seeking to withdraw O.S.No.69 of 2009 from the file of Senior Civil Judge, Mahabubabad, Mahabubabad District, and transfer the same to the file of Senior Civil Judge, Khammam, Khammam District, for trial and disposal along with O.S.No.262 of 201,0 in accordance with law.
(2.) Heard the learned counsel for both sides and perused the record.
(3.) Learned counsel for the petitioner/defendant No.2 would submit that the subject matter of the Suit in O.S.No.69 of 2009 is covered in O.S.No.262 of 2010. The Suit in O.S.No.262 of 2010 is a comprehensive Suit filed for partition and separate possession of the suit schedule properties, consisting of seven items, out of which, item No.5 is the schedule property in O.S.No.69 of 2009. Respondent No.1 herein (plaintiff in O.S.No.69 of 2009) is shown as defendant No.3 in O.S.No.262 of 2010. Except item No.5 in O.S.No.262 of 2010, which is also the suit schedule property in O.S.No.69 of 2009, other suit schedule properties in O.S.No.262 of 2010 are situated within the territorial jurisdiction of the Senior Civil Judge, Khammam. The Senior Civil Judge's Court at Khammam is convenient for the witnesses to carry on the proceedings in O.S.No.262 of 2010 and the said Court can effectively adjudicate the subject matter of Dr.SA,J both the Suits, by clubbing them and ultimately, prayed to allow the present petition.