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THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NO.184 of 2022
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to withdraw the O.S.No.3 of 2020 on the file of the Principal Senior Civil Judge at Eluru and to transfer the same to IV Addl. District & Sessions Judge, Guntur or any other competent Court.
2) Heard Sri Yannam Narapa Reddy, learned counsel for the petitioners and Sri B. Parameswara Rao, learned counsel for the Respondent Nos.1 and 3. Perused the record.
3) The petitioners herein are the plaintiffs and the respondents herein are the defendants in O.S.No.3 of 2020 on the file of the Principal Senior Civil Judge at Eluru.
4) In compliance of the order, dated 21.06.2022 of this Court, personal notice was issued to the respondents by the petitioner counsel through the registered post with acknowledgment due. The learned counsel for the petitioners filed postal track report along with a memo vide U.S.R.No.40215/2022 on 11.07.2022, which shows the notice was delivered to the respondent on 28.06.2022 except 1st Respondent. In spite of service of notice, there is no appearance for the Respondent Nos.2, 4 and 5. 2
5) The case of the petitioners is that they filed the suit in O.S.No.3 of 2020 on the file of the Principal Senior Civil Judge at Eluru, seeking perpetual injunction over the suit schedule property and other reliefs against the respondents whereas the respondents filed a suit in O.S.No.31 of 2022 on the file of the IV Addl. District & Sessions Judge at Guntur, seeking declaration and injunction over the same schedule property against the petitioners herein and others.
6) Learned counsel for the petitioners submits that since the parties and the reliefs are same, both the suits can be tried together to avoid conflict of judgments and in the interest of parties. Such course causes no prejudice to the respondents and is a determinative requirement. Therefore, the learned counsel prays to allow the Transfer Civil Miscellaneous Petition.
7) Learned counsel for the respondent Nos.1 and 3 reported no objection to transfer the suit in O.S.No.3 of 2020 from the file of the Principal Senior Civil Judge at Eluru to IV Addl. District & Sessions Judge, Guntur.
8) Having heard the respective counsel and upon perusal of the material available on record, it is clear that the parties and reliefs are one and the same in both the suits and to avoid the conflicting of the judgments by different Courts 3 and as the learned counsel for the respondent Nos.1 and 3 reported no objection and there is no resistance from the other Respondents, this Court is of the opinion that it is a fit case to transfer the suit in O.S.No.3 of 2020 from the file of the Principal Senior Civil Judge at Eluru to IV Addl. District & Sessions Judge, Guntur.
9) Accordingly, this Transfer Miscellaneous Petition is allowed and the suit in O.S.No.3 of 2020 pending on the file of the Principal Senior Civil Judge at Eluru is hereby withdrawn and transferred to the IV Addl. District & Sessions Judge, Guntur to hear along with O.S.No.31 of 2022 which is pending on its file. The learned Principal Senior Civil Judge at Eluru shall transmit the entire record in O.S.No.3 of 2020 pending on its file to IV Addl. District & Sessions Judge, Guntur, forthwith, by duly indexed.
10) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt. 25.07.2022.
Note: Issue CC tomorrow.
B/o PGR 4 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr.C.M.P.No.184 of 2022 Dt.25.07.2022 PGR