Andhra Pradesh High Court - Amravati
Nimmagadda Ram Prasad vs Nimmagadda Bhanuprasad on 26 July, 2022
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NOs.206 and 210 of 2019
COMMON ORDER:
These Transfer Civil Miscellaneous Petitions have been
filed to transfer A.S.No.160 of 2017 on the file of the XIII Addl.
District Judge at Vijayawada to this Court to dispose of the
same along with A.S.Nos.1004 of 2017 and 1167 of 2017
pending before this Court.
2) Heard Sri Srinivasa Rao Bodduluri and Sri V.S.R.
Anjaneyulu, learned counsel for the petitioners in both the
Transfer Civil Miscellaneous Petitions.
3) Learned counsel for the petitioners in both the
Transfer Civil Miscellaneous Petitions submit that the learned V
Addl. Senior Civil Judge (FTC) at Vijayawada passed common
judgment on 07.03.2017 in O.S.No.95 of 1995, O.S.No.691 of
1996 and O.S.No.466 of 1999. Aggrieved by the said common
judgment and decree, the petitioner in Tr.C.M.P.No.210 of
2019, who is plaintiff in O.S.No.691 of 1996, preferred an
appeal in A.S.No.160 of 2017 on the file of the XIII Addl.
District Judge at Vijayawada and the petitioner in
Tr.C.M.P.No.206 of 2019, who is 5th defendant and 2nd
defendant in O.S.No.95 of 1995 and O.S.No.466 of 1999,
preferred appeals in A.S.No.1004 of 2017 and A.S.No.1167 of
2017 respectively, pending before this Court.
4) Learned counsel for the petitioners in both the
Transfer Civil Miscellaneous Petitions submit that all the three
appeals arose out of a common judgment and out of three
appeals, two are pending before this Court and one is pending
before the learned XIII Addl. District Judge, Vijayawada.
5) Both counsel submit that the evidence is the same
in all the three suits, one or more parties are parties in all the
suits and their interest and claims are overlapping. As such, it
is desirable that all the three appeals be heard together by this
Court. Clubbing of the three appeals will not only avoid
multiplicity of decisions, which may even be conflicting with
one another, but will also be convenient for all the parties.
Therefore, they pray to transfer A.S.No.160 of 2017 from the
Court of the XIII Additional District Judge, Vijayawada to this
Court, to be heard along with A.S.No.1004 of 2017 and
A.S.No.1167 of 2017, pending before this Court.
6) Having heard the respective counsel and upon
perusal of the material available on record, it is an admitted
fact that the trial Court passed common judgment and decree,
dated 07.03.2017 in O.S.No.95 of 1995, O.S.No.691 of 1996
and O.S.No.466 of 1999. It is also an admitted fact that
aggrieved by the said common judgment and decree, three
appeals are preferred by different parties, out of which
A.S.No.160 of 2017 is pending on the file of the XIII Addl.
District Judge, Vijayawada and other two appeals in
A.S.No.1004 and A.S.No.1167 of 2017 are pending before this
Court. If the appeals adjudicated by different Courts, there is
every possibility of passing conflicting judgments and as such
it is just and necessary to hear all 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 meet the interest of justice,
it is just and proper to transmit the appeal in A.S.No.160 of
2017 on the file of the XIII Addl. District Judge at Vijayawada
to this Court to hear along with A.S.No.1004 of 2017 and
A.S.No.1167 of 2017 pending before this Court.
8) Accordingly, Transfer Civil Miscellaneous Petitions
are allowed and the appeal in A.S.No.160 of 2017 on the file of
the XIII Addl. District Judge at Vijayawada is hereby withdrawn
and transferred to this Court to hear along with A.S.No.1004 of
2017 and A.S.No.1167 of 2017 which are pending before this
Court. The learned XIII Addl. District Judge at Vijayawada shall
transmit the entire record in A.S.No.160 of 2017 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. 26.07.2022.
PGR
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.Nos.206 & 210 of 2019
Dt.26.07.2022
PGR
