MADUPU ENTERPRISES PRIVATE LIMITED Vs. B.SURYANARAYANA MURTHY

JUDGEMENT

(1.) The petitioners have filed this Transfer Civil Miscellaneous Petition under Sec. 24 of the Civil Procedure Code, 1908 (for short 'CPC') with a prayer to set aside the orders dtd. 23/11/2021 in Tr.OP No.2 of 2021 on the file of the learned Chief Judge, City Civil Court, Hyderabad and to pass such other orders, as this Court deems fit and proper.

(2.) Notice served on the respondents. Heard learned counsel on both sides. Perused the material available on record. The submissions made on either side have received due consideration of this Court.

(3.) The petitioners, who are the respondents in Tr.OP No.2 of 2020 before the learned Chief Judge, City Civil Court, Hyderabad, have filed this application under Sec. 24 of CPC assailing the docket orders dtd. 23/11/2021 wherein and whereunder the learned Chief Judge, City Civil Court, Hyderabad has allowed Tr.OP No.2 of 2021 with an observation that the parties to the suits and subject matter are the same, though the reliefs sought are different being rival parties, the outcome in one suit will have a direct bearing on the other suit, as both are interconnected, hence to avoid multiplication of evidence and pronouncement of conflicting decisions, it is necessary that both the suits be tried by one court either jointly or separately. As a result, OS No.908 of 2019 pending on the file of the learned X Additional Chief Judge, City Civil Court, Hyderabad was withdrawn and transferred the same to the Special Judge for trial of Commercial Disputes, Hyderabad, to be tried along with COS No.37 of 2019 pending on the file of that Court.