The single judge bench of the Andhra Pradesh High Court held that when two or more proceedings are pending in different Courts between the same parties which raise common questions of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions, due to that by invoking powers vested under Section 24 of CPC.
Brief facts
The factual matrix of the case is that the divorce case was filed by the Petitioner when he was working as a Government teacher in Chittoor District and was staying at Madanapalle town, and now he has been transferred to Kadapa Judicial District, presently Annamayya District, and residing at Rayachoty town. Furthermore, both the Petitioner and the Respondent is residing at Rayachoty town, but she intentionally with a view to harass him filed a case under Section 125 of Cr.P.C before Family Court, Tirupati. The Petitioner filed the present petition under Section 24 of the Code of Civil Procedure seeking transfer from Principal Senior Civil Judge’s Court, Madanapalle of Chittoor Judicial District to Senior Civil Judge’s Court, Rayachoty of YSR Kadapa Judicial District.
Observations of the court
The Hon’ble Court observed that the case is also pending before Family Court, Tirupati under Section 125 of Cr.P.C and she is also residing at Tirupati, certainly it would be difficult for her to attend before the Courts at Rayachoty if the request of the petitioner to transfer both cases is considered.
The Court furthermore observed that in order to prevent multiplicity of trials on the same issues and conflicts of decision-making, it is preferable that two or more proceedings between the same parties that are pending in separate courts and raise similar questions of fact and law be tried together by the same judge. This can be done by using the power granted by Section 24 of the CPC.
Based on these considerations, the court directed to transfer the case from Principal Senior Civil Judge’s Court, Madanapalle to Senior Civil Judge’s Court, Rayachoty and to transfer on the file of Family Court, Tirupati.
The decision of the court
With the above direction, the court disposed of the Writ Petition.
Case Title: Repana Anjaneyulu @ Ramanjulu V. Smt Tadipatri Sireesha @ Lasyasree
Coram: Hon’ble Mr. Justice B Syamsunder
Case No.: TRANS. CIVIL MISC.PETITION NO: 257/2023
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