Takkellapati Kodanada Paireddy vs Tadisetty Sunitha
2022 Latest Caselaw 5460 AP

                                 1




         THE HON'BLE SRI JUSTICE BATTU DEVANAND

                     Tr.C.M.P.NO.101 of 2022

O R D E R:

This Transfer Civil Miscellaneous Petition has been filed to

withdraw O.S.No.227 of 2018 from the file of the III Additional

District Judge, Guntur, and to transfer the same to the file of

IV Additional District Judge, Guntur, to try along with

O.S.No.331 of 2016 and to conduct common trial in both the

suits.

2) Heard the learned counsel for the petitioners and

perused the record.

3) In compliance of the order, dated 29.03.2022 of

this Court, personal notice was issued to the respondent by the

petitioners counsel through Registered Post and

acknowledgement due. The learned counsel for the petitioners

filed an acknowledgment along with a memo vide

U.S.R.No.48074/ 2022 on 01.08.2022, which shows the notice

was received by the Respondent on 22.04.2022. In spite of

service of notice, there is no appearance for the Respondent.

4) Learned counsel for the petitioner submits that the

petitioners filed a suit in O.S.No.331 of 2016 on the file of the

IV Additional District Judge, Guntur against the respondent,

seeking declaration of title and consequential permanent

injunction over the suit schedule property. Further the

respondent filed a suit in O.S.No.227 of 2018 on the file the III

Addl. District Judge, Guntur, against the petitioners, seeking

declaration of title and for recovery of possession of the suit

schedule property.

5) The learned counsel for the petitioners further

submits that in both the suits, schedule property is one and

the same and pleadings and counter pleadings are one and the

same. The suit filed by the petitioners is pending on the file of

the IV Additional District Judge, Guntur, which is now coming

for trial, whereas the suit filed by the respondent is pending on

the file of the III Additional District Judge, Guntur, and yet to

commence trial. In view of the fact that, both the suits are

relating to same property and if it is allowed to try by two

different Courts, there is every possibility of conflicting

judgments. Moreover, the evidence from both the suits will be

one and the same and as such to save the precise time of the

Courts, it is just and necessary to conduct common trial in

both the suits by leading common evidence. Therefore, it is

just and necessary to transfer the suit in O.S.No.227 of 2018

on the file of the III Additional District Judge, Guntur to the

Court of IV Additional District Judge, Guntur to try along with

the suit in O.S.No.331 of 2017.

6) Having heard the submissions of the learned

counsel for the petitioners and upon perusal of the material

available on record, it is clear that the petitioners filed a suit in

petitioners is filed a suit in O.S.No.331 of 2016, which is

pending on the file of the IV Additional District Judge, Guntur

against the respondent, whereas the respondent filed a suit in

O.S.No.227 of 2018, which is pending on the file the III Addl.

District Judge, Guntur, against the petitioners. In both the

suits the schedule properties are one and the same.

7) It is also clear that both the suits are relating to

same property and if they tried by two different Courts, there

is every possibility of conflicting judgments. In order to avoid

the conflicting of judgments in different courts and there is no

resistance from the respondent, it is a fit case to transfer the

suit in O.S.No.227 of 2018 on the file of the III Additional

District Judge, Guntur to the Court of IV Additional District

Judge, Guntur to try along with the suit in O.S.No.331 of 2017

in the interest of justice.

8) Accordingly, this Transfer Civil Miscellaneous

Petition is allowed and the suit in O.S.No.227 of 2018 on the

file of the III Additional District Judge, Guntur, is hereby

withdrawn and transferred to the file of the IV Additional

District Judge, Guntur to try along with the suit in O.S.No.331

of 2016 on its file. The learned III Additional District Judge,

Guntur shall transmit the entire case record in O.S.No.227 of

2018 pending on its file to the IV Additional District Judge,

Guntur, forthwith, by duly indexed.

9) There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending, shall

stand closed.

______________________ JUSTICE BATTU DEVANAND Dt. 22.08.2022.

Note: Issue CC tomorrow.

B/o PGR

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Tr.C.M.P.No.101 of 2022

Dt. 22.08.2022

PGR