A. P. Industrial Infrastructure Corporation Limited v. Kurva Balapa
2003-02-28
P.S.NARAYANA
body2003
DigiLaw.ai
P. S. NARAYANA, J. ( 1 ) THIS Batch of Transfer Civil Miscellaneous Petitions are filed by the A. P. Industrial Infrastructure Corporation Limited, represented by the Chairman and Managing Director praying for transfer of O. P. No. 240 of 1994 and batch pending on the file of the Senior Civil Judge, Gadwal, to the file of Additional District Judge, Mahabubnagar, for enquiry along with O. P. No. 929 of 1999 and pass such other further order or orders. ( 2 ) IN the facts and circumstances of the case, certain of the transfer C. M. P. s were admitted and interim stay also had been granted and when the other Transfer C. M. P. s came up for admission, Sri R. Ramachandra Reddy, the learned counsel representing the respondents in all these transfer C. M. P. s had taken notice and had brought the fact to the notice of this Court that in Transfer C. M. P. No. 475 of 2002 this Court had passed an order ordering transfer of O. P. No. 929 of 1999 pending on the file of Additional District Judge, Mahabubnagar, to the Court of Senior Civil Judge, Gadwal, to be tried and disposed of along with O. P. No. 240 of 1994 and batch. It is also brought to my notice that the said O. P. No. 929 of 1999, which was transferred to the Senior Civil Judge, Gadwal, was re-numbered as O. P. No. 8 of 2003. ( 3 ) SRI R. Subba Rao, the learned counsel representing the petitioner in all these transfer C. M. P. s had brought to the notice of this Court that since the aforesaid order was not brought to his notice, the Transfer C. M. P. s are moved. It is needless to point out that there cannot be any conflicting or contradictory orders. The principle of comity always ordains that such contradictory or conflicting orders are to be avoided and when once it is brought to the notice of the Court, the same has to be rectified by harmoniously construing such orders. In Transfer C. M. P. No. 475 of 2002 by an order dated 31. 12.
The principle of comity always ordains that such contradictory or conflicting orders are to be avoided and when once it is brought to the notice of the Court, the same has to be rectified by harmoniously construing such orders. In Transfer C. M. P. No. 475 of 2002 by an order dated 31. 12. 2002 this Court made the following order:"in view of the facts and circumstances explained, especially to avoid conflicting or contradictory orders, it is just and necessary to transfer O. P. No. 929 of 1999 pending on the file of Additional District Judge, Mahaboobnagar to the Court of Senior Civil Judge, Gadwal to be tried and disposed of along with O. P. No. 240 of 1994 and Batch and accordingly O. P. No. 929 of 1999 pending on the file of Additional District Judge, Mahaboobnagar is hereby withdrawn and transferred to the Court of Senior Civil Judge, Gadwal to be tried and disposed of along with O. P. No. 240 of 1994 and Batch. The Transfer Civil Miscellaneous Petition is ordered accordingly. " ( 4 ) IN view of the above order, the reliefs prayed for in the present transfer C. M. P. s to transfer O. P. No. 240 of 1994 and Batch again, which will be a conflicting order to the order already passed, cannot be granted and in view of the same and also in the light of the submissions made by both the counsel representing the respective parties, the transfer C. M. P. s are dismissed as no relief can be granted in the light of the orders already passed in Transfer C. M. P. No. 475 of 2002 referred to supra. Accordingly, the Transfer C. M. P. s are dismissed. But, however, this Court makes no order as to costs.