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Supreme Court - Daily Orders

Gunda Ramalingam(D) Th. Lrs vs Palchuri Hanumayamma on 23 August, 2016

Bench: V. Gopala Gowda, Adarsh Kumar Goel

                                                       1

                                           IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION



                                TRANSFER PETITION (CIVIL) NO(S).75-76 OF 2014


                           GUNDA RAMALINGAM(D) TH. LRS & ORS ETC.                Petitioner(s)

                                                     VERSUS

                           PALCHURI HANUMAYAMMA & ANR ETC.                       Respondent(s)



                                                     O R D E R

Heard learned counsel for the petitioners. Though service of notice is complete, none appeared for the respondents.

Having regard to the apprehension pleaded in the petitions seeking transfer of the matters in question, without expressing any opinion on the merits of the case, we allow transfer of E.P. NO.80 of 2013 in O.S. No.221 of 1979 titled Late Gunda Balakotamma (Dead) through Lrs. & Ors. v. Smt. Palchuri Hanumayamma and E.P. No.79 of 2013 in O.S. NO.233 of 1981 titled Late Gunda Ramalingam (Dead through Lrs. & Ors. v. Smt. Palchuri Hanumayamma & Anr., Signature Not Verified Digitally signed by both pending before the Court of the Principal VINOD KUMAR Date: 2016.08.30 16:35:14 IST Reason: Subordinate Judge,Gurazala,Andhra Pradesh to the Court of District Judge,Krishna District,Vijaywada,Andhra Pradesh, 2 which he may decide himself or assign to a court of equivalent jurisdiction.

It is open for the petitioners to file appropriate application before the transferee court with regard to apprehension of security and other relief.

We make it very clear that we have not expressed any opinion on the merits of contention of apprehension of the petitioners with regard to the security.

The transfer petitions are allowed in the aforesaid terms.

...................J. (V. GOPALA GOWDA) ....................J. (ADARSH KUMAR GOEL) NEW DELHI, AUGUST 23, 2016 3 ITEM NO.16 COURT NO.7 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 75-76/2014 GUNDA RAMALINGAM(D) TH. LRS & ORS ETC. Petitioner(s) VERSUS PALCHURI HANUMAYAMMA & ANR ETC. Respondent(s) (with appln. (s) for stay and office report) Date : 23/08/2016 These petitions were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Purushottam Sharma Tripathi,Adv. Mr. Ravi Chandra Prakash, Adv. L. Nidhiram Sharma, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. Luv Kumar, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The transfer petitions are allowed in terms of the signed order.
Pending application(s), if any, stand(s) disposed of.



          (VINOD KUMAR JHA)                     (MALA KUMARI SHARMA)
              AR-CUM-PS                             COURT MASTER

(Signed order is placed on the file)