Ratala Somamma vs Bokkisam Vijaya
2022 Latest Caselaw 4592 AP

                             1



      THE HON'BLE SRI JUSTICE BATTU DEVANAND

                  Tr.C.M.P.NO.153 of 2019

O R D E R:

This Transfer Civil Miscellaneous Petition has been filed to

withdraw the A.S.No.187 of 2014 on the file of the VII Addl.

District Court, Ongole, Prakasam District and to transfer the

same to this Court to hear along with A.S.No.244 of 2013.

2) Heard Sri Venkateswarlu Sanisetty, learned counsel

for the petitioner and Sri Meka Rama Murthy, learned counsel

for the 1st Respondent.

3) The case of the petitioner herein is that the 1st

Respondent herein filed O.S.No.276 of 2006 on the file of the

Addl. Senior Civil Judge, Ongole for specific performance of

agreement of sale and for permanent injunction against the

petitioner and Respondent Nos.2 and 3 herein. The trial Court

partly allowed the suit on 05.01.2013 by grating alternative

relief against the petitioner herein alone for Rs.1,50,000/-

together with interest and costs and also directed the 1st

Respondent herein is entitled to recover stamp duty and

penalty paid on Ex.A.1 from the petitioner and that the relief of

permanent injunction was declined and the suit against the

Respondent Nos.2 and 3 herein was dismissed. Aggrieved by

the said judgment and decree, the 1st Respondent preferred an

appeal in A.S.No.244 of 2013 before this Court and the

petitioner preferred an appeal in A.S.No.187 of 2014 on the file

of the VII Addl. District Judge, Ongole, Prakasam District.

4) Learned counsel for the petitioner submits that both

the appeals arising out of same decree and judgment in

O.S.No.276 of 2006 on the file of the Addl. Senior Civil Judge,

Ongole, Prakasam District. If both the appeals adjudicated by

different Courts, there is very possibility of passing conflicting

judgments. Therefore, he prayed to transfer the A.S.No.187 of

2014 pending on the file of VII Addl. District Judge, Ongole,

Prakasam District to this Court to hear along with A.S.No.244

of 2013, which is pending before his Court to avoid conflicting

judgments.

5) Having heard the respective counsel and upon

perusal of the material available on record, it is clear that the

trial Court by judgment and decree, dated 05.01.2013 in

O.S.No.276 of 2006, directed the petitioner herein to pay

Rs.1,50,000/- to the 1st respondent herein together with

interest at 18% per annum thereon from 25.01.2004 till the

date of decree and thereafter at 12% per annum from the date

of decree till the date of payment. It is also clear that the

relief of permanent injunction is dismissed and the suit against

the Respondent Nos.2 and 3 is dismissed. Further it is also

clear that the petitioner do pay to the 1st respondent a sum of

Rs.57,000/- towards stamp duty and penalty and Rs.52,171/-

towards costs of the suit total Rs.1,09,171/-. Aggrieved by the

said judgment and decree, the petitioner preferred an appeal

in A.S.No.187 of 2014 on the file of the VII Addl. District

Judge, Ongole, Prakasam District and the 1st respondent

preferred an appeal in A.S.No.187 of 2014 before this Court

and both the appeals are pending.

6) As rightly contended by the learned counsel for the

petitioner that if both the appeals adjudicated by different

Courts, there is very possibility of passing conflicting

judgments and as such it is just and necessary to hear both

the appeals together to avoid conflicting judgments, in the

interest of justice.

7) In view of the facts and circumstances of the case,

this Court is of the opinion that to avoid conflicting of the

judgments by different Courts, it is just and proper to transmit

the appeal in A.S.No.187 of 2014 pending on the file of the VII

Addl. District Ongole, Prakasam District to this Court to hear

along with A.S.No.244 of 2013, which is pending on the file of

this Court.

8) Accordingly, this Transfer Civil Miscellaneous

Petition is allowed and the appeal in A.S.No.187 of 2014

pending on the file of the VII Addl. District Ongole, Prakasam

District is hereby withdrawn and transferred to this Court to

hear along with A.S.No.244 of 2013 which is pending before

this Court. The learned VII Addl. District Ongole, Prakasam

District, shall transmit the entire record in A.S.No.187 of 2014

pending on its file to this Court, 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. 25.07.2022.

PGR

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Tr.C.M.P.No.153 of 2019

Dt.25.07.2022

PGR