since the suit was already withdrawn from his file and ordered to be transmitted to the III Additional District Judge, Karimnagar which order was received by the I Additional District Judge, Karimnagar on 09.08.2012 which bears his initial also, and therefore, the exercise of jurisdiction by the Court below is not valid.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH
AT HYDERABAD

FRIDAY, THE FOURTH DAY OF JANUARY
TWO THOUSAND AND THIRTEEN

 

PRESENT

 

THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO

 

A.S.No.6 of 2013

                                                                                

 

Between:

Nagula Ravinder and another

..... APPELLANTS

And

Nagula Mallaiah (died) and 20 others

.....RESPONDENTS

The Court made the following:

                                                                                 

 

THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO

 

A.S.No.6 of 2013

JUDGMENT:

Defendants Nos.1 & 2 in O.S.No.26 of 1996 on the file of the I Additional District Judge, Karimnagar are the appellants herein.  The suit was one filed for partition and separate possession of the schedule properties.  A decree was passed on 17.08.2012.

Without going into the merits of the case, the contention of the learned counsel for the appellants is that the I Additional District Judge, Karimnagar, who has passed the judgment on 17.08.2012, has no jurisdiction to pass the judgment, since suit was already withdrawn from his file by the proceedings of the District Judge, Karimnagar.

As can be seen from the contention, during the inspection of the District Court, Karimnagar as per the directions of the learned Portfolio Judge, the District Judge, Karimnagar has passed an Order on 08.08.2012 re-transmitting some of the suits from the file of the I Additional District Judge, Karimnagar to the Court of the III Additional District Judge, Karimnagar, and this is also one of the suits, as per the said list, which is said to be connected with O.S.No.17 of 1996.

          In a similar case in A.S.No.952 of 2012, this Court has called for the report from the District Judge, Karimnagar and the information given by the learned District Judge, Karimnagar shows that the order of the transfer of the case was received by the I Additional District Judge, Karimnagar on 09.8.2012 and 17.08.2012 the I Additional District Judge, Karimnagar is said to have transmitted the suits and this suit was not transmitted and the judgment was delivered on 17.08.2012. 

Therefore, as the matters stand, the judgment delivered by the learned I Additional District Judge, Karimnagar is without jurisdiction, since the suit was already withdrawn from his file and ordered to be transmitted to the III Additional District Judge, Karimnagar which order was received by the I Additional District Judge, Karimnagar on 09.08.2012 which bears his initial also, and therefore, the exercise of jurisdiction by the Court below is not valid.  Consequently, the judgment passed by the I Additional District Judge, Karimnagar cannot be said to be legal and is accordingly set aside.  O.S.No.26 of 1996 is to be tried by the III Additional District Judge, Karimnagar and shall dispose of the same on the merits, within a period of 3 (three) months from the date of receipt of a copy of this order, after giving notice to both parties.  The District Judge, Karimnagar is directed to take steps for transmission of the entire record in the suit O.S.No.26 of 1996 to the file of the III Additional District Judge, Karimnagar who shall dispose of the same.

Accordingly, the Appeal is allowed.  ASMP No.19 of 2013 shall stand closed in consequence.  No order as to costs .

____________________________

N.R.L.NAGESWARA RAO,J

Dated: 04.01.2013

Dsr/Ska