THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
CIVIL REVISION PETITION No.1346 of 2019
ORDER:
This revision is filed challenging the order dated 12.04.2019 passed in Tr.O.P.No.430 of 2018 by the Principal District and Sessions Judge, R.R. District, L.B. Nagar.
2. The aforesaid OP was filed by the petitioners seeking transfer of O.S.No.619 of 2011 (on the file of the III Additional District Judge, Ranga Reddy District, at L.B. Nagar) to be clubbed with O.S.No.789 of 2010 (on the file of the V Additional District Judge, Ranga Reddy District, at L.B. Nagar) for common trial and disposal.
3. The Court below dismissed the transfer OP by observing that the relief sought in both the suits are different, though the schedule property is overlapping; O.S.No.619 of 2011 is at the advance stage of recording of defendants further evidence; the trial in O.S.No.789 of 2010 has not commenced; the disposal of O.S.No.619 of 2011 is likely to be delayed; the result in O.S.No.619 of 2011 can be submitted during the trial in O.S.No.789 of 2010 for consideration though the judgment may not be binding; the Court below also observed that the petitioners have not taken any steps for nine years despite having knowledge of the pendency of the suits.
4. Mr. P. Srinivasa Rao, learned counsel for the respondent No.2, has not opposed the revision. Even after service of notice on the respondents No.3 to 7, there is no appearance.
5. The suit in O.S.No.789 of 2010 is filed cancellation of agreement of sale cum GPA dated 18.05.2010 and to declare the registered sale deed dated 15.09.2010. The suit schedule property is Ac.7.00 guntas in Sy.No.397, situated at Bommaraspet Village and Gram Panchayat, 2 Shameerpet Mandal, Ranga Reddy District. The petitioners herein are the plaintiffs No.1 to 3 in O.S.No.789 of 2010. The respondents No.1 to 5 herein are the defendants in the said suit. O.S.No.619 of 2011 is filed by the respondents No.1 to 5 herein for partition and separate possession in respect of the same extent of Ac.7.00 guntas in Sy.No.397, Bommaraspet Village and Gram Panchayat. The petitioners herein are impleaded as defendants No.3 to 5 in the said suit.
6. Both the learned counsel submitted that the suits are still pending.
7. The endeavour of the Court should always be to ensure that there is no multiplicity of proceedings and to avoid conflict of decisions. The suit schedule property is one and the same in both the suits. So also the petitioners and the respondents herein are parties to both the suits. Thus it would be appropriate that suit in O.S. No.619 of 2011 is transferred to the Court of V Additional District Judge, and tried along with O.S. No.789 of 2010.
8. Mr. Peri Prabhakar, learned counsel for the petitioners, submitted that the respondents No.1 to 5 herein have instituted a suit in O.S.No.525 of 2011 on the file of the XIV Additional District Judge, Ranga Reddy District, at L.B. Nagar, for cancellation of sale deeds executed in favour of the petitioners. The suit in O.S.No.525 of 2011 was transferred to the Court of the V Additional District Judge, Ranga Reddy District, at L.B. Nagar, to be tried either jointly or separately along with O.S.No.789 of 2010 and to be disposed of simultaneously in accordance with law. Learned counsel further submitted that in view of constitution of new Additional District Court at Medchal District, all the 3 suits may to be transferred to the District Court at Medchal District for common trial and disposal.
9. In case O.S.No.789 of 2010 and O.S.No.525 of 2011 have been transferred to the Medchal Court, the present suit in O.S.No.619 of 2011 pending on the file of the III Additional District Judge, Ranga Reddy District at L.B. Nagar shall also stand transferred to the Medchal Court. The petitioners are given liberty to file an application for clubbing of all the suits together for conducting joint trial. On such application being filed, the Court below shall consider the feasibility of conducting joint trial or simultaneous trial as the case may be, by hearing the contesting parties.
The civil revision petition is allowed. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________ B. VIJAYSEN REDDY, J July 29, 2021 DSK