Once the suit is transferred, the court holds no jurisdiction to pass any orders therein much more judgement = “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Karimnagar, who passed the judgment on 25.09.2012, has no jurisdiction to pass the judgment since the suit was already withdrawn from his file by the proceedings of the District Judge, Karimnagar.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, as per the directions of the Portfolio Judge, the District Judge has passed an order dated 08.08.2012 re-transmitting some of the suits from the file of the I Additional District Judge, Karimnagar, to the Court of III Additional District Judge, Karimnagar and this suit is also one such suit, which were to be transferred. This Court has called for the information from the learned District Judge, Karimnagar and the letter of the learned District Judge shows that the order of the transfer of the cases was received by the I Additional District Judge, Karimnagar, on 09.08.2012 and except this suit, on 17.08.2012, the I Additional District Judge is said to have transmitted all the suits. Therefore, as the matter stands, 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delivered by the learned I Additional District Judge, Karimnagar, is without jurisdiction since the suit was already withdrawn from his file and ordered to be transmitted to the III Additional district Judge. Consequently, the judgment passed by the learned I Additional District Judge cannot be said to be legal and is, accordingly, set aside. O.S.No.47 of 1996 is to be tried by the III Additional District Judge, Karimnagar and shall dispose of the same on merits within a period of three months from the date of receipt of a copy of this order, after giving notice to both the parties.

AS 31 / 2013

ASSR 15814 / 2012

PETITIONER RESPONDENT NAMPALLY CHANDRAIAH (DIED) & 7 OTHERS   VS KHAJA HUSSAIN & 23 OTHERS PET.ADV. : NARAYANA RAO RESP.ADV. : RAM MOHAN REDDY SUBJECT: DECLARATION DISTRICT:  KARIMNAGAR

HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY

 

A.S. NO. 31 OF 2013

JUDGMENT:

Aggrieved by the judgment and decree dated 25.9.2012 passed in O.S.No. 49 of 1996 by the I Additional District Judge, Karimnagar, the present appeal is filed.

When the matter is taken up for disposal, learned counsel appearing for the appellants has submitted that the matter is squarely covered by the judgment of this Court dated 20.12.2012 in A.S.No. 952 of 2012, which is not disputed. The relevant portion is extracted hereunder for ready reference:

“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 passed the judgment on 25.09.2012, has no jurisdiction to pass the judgment since the 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, as per the directions of the Portfolio Judge, the District Judge has passed an order dated 08.08.2012 re-transmitting some of the suits from the file of the
I Additional District Judge, Karimnagar, to the Court of III Additional District Judge, Karimnagar and this suit is also one such suit, which were to be transferred. 

This Court has called for the information from the learned District Judge, Karimnagar and the letter of the learned District Judge shows that the order of the transfer of the cases was received by the I Additional District Judge, Karimnagar, on 09.08.2012 and except this suit, on 17.08.2012, the I Additional District Judge is said to have transmitted all the suits. 

Therefore, as the matter stands, 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. 

Consequently, the judgment passed by the learned I Additional District Judge cannot be said to be legal and is, accordingly, set aside.  O.S.No.47 of 1996 is to be tried by the III Additional District Judge, Karimnagar and shall dispose of the same on merits within a period of three months from the date of receipt of a copy of this order, after giving notice to both the parties.

The same observation is to be applied here with reference to the matter on hand.

In the result, this Appeal is also allowed and the order dated 25.9.2012 passed in O.S.No. 49 of 1996 is set aside. Further the mater is remanded and is to be tried by the III Additional District Judge, Karimnagar.  Further it shall be disposed of on merits within a period of three months from the date of receipt of a copy of this order, and after giving notice to both the parties.

_______________________________

G. KRISHNA MOHAN REDDY, J

 

DATE:  04.02.2013

KA