Smt. Badduri Baby Kumari vs Badduri Subba Reddy,
2022 Latest Caselaw 4591 AP

                                1


         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.

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

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

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Tr.C.M.P.No.184 of 2022

Dt.25.07.2022

PGR