Andhra Pradesh High Court - Amravati
Nadipalli Satya Rama Krishna, vs Alapati Lakshmi, on 27 July, 2022
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NOs.831, 832 &841 of 2018
COMMON ORDER:
Tr.C.M.P.NO.831 of 2018
This Transfer Civil Miscellaneous Petition has been filed to
withdraw suit in O.S.No.84 of 2018 pending on the file of the
XII Addl. District Judge, Vijayawada and transfer the same to
the II Addl. District Judge, Krishna at Vijayawada, to be tried
along with O.S.No.315 of 2018.
Tr.C.M.P.NO.832 of 2018
2) This Transfer Civil Miscellaneous Petition has been
filed to withdraw suit in O.S.No.630 of 2018 pending on the file
of the I Addl. Senior Civil Judge, Vijayawada and transfer the
same to the II Addl. District Judge, Krishna at Vijayawada, to
be tried along with O.S.No.315 of 2018.
Tr.C.M.P.NO.841 of 2018
3) This Transfer Civil Miscellaneous Petition has been
filed to withdraw suit in O.S.No.379 of 2017 pending on the file
of the XII Addl. District Judge, Vijayawada and transfer the
same to the II Addl. District Judge, Krishna at Vijayawada, to
be tried along with O.S.No.315 of 2018.
2
4) Heard Sri Seetaramiah Tenneti, learned counsel for
the petitioner and Smt. Sirisha Rani Vallbhaneni, learned
counsel for the respondents in all the three transfer civil
miscellaneous petitions.
5) Learned counsel for the petitioner in all the Transfer
Civil Miscellaneous Petitions submits that the petitioner herein
filed suit in O.S.No.379 of 2017 on the file of the XII Addl.
District Judge, Krishna at Vijayawada, seeking cancellation of
non-possessory agreement of sale-cum-GPA, dated
31.03.2017 bearing Document No.1756 of 2017. The 1st
respondent herein filed suit in O.S.No.84 of 2018 on the file of
the XII Addl. District Judge, Vijayawada, for specific
performance of the agreement of same-cum-GPA. One Alapati
Ramakrishna filed a suit in O.S.No.630 of 2018, on the file of
the I Addl. Junior Civil Judge, Vijayawada, for permanent
injunction. The petitioner filed suit in O.S.No.315 of 2018 on
the file of the II Additional District Judge, Vijayawada, seeking
cancellation of the sale deed bearing document No.1248 of
2012, dated 09.04.2012.
6) Learned counsel for the petitioner submits that the
above said suits are filed and arise out of the same issue and
the 2nd respondent herein is the kingpin who advanced the
amounts and got executed different documents on their
names. In all the documents, the 2nd respondent is cited as
witness. In order to avoid the conflicting judgments to be
passed in different Courts, it is just and necessary to transfer
the suit in O.S.No.379 of 2017 and O.S.No.84 of 2018, on the
file of the XII Addl. District Judge, Vijayawada and O.S.No.630
of 2018 on the file of the I Addl. Senior Civil Judge, Vijayawada
to the Court of the II Addl. District Judge, Vijayawada to be
tried along with O.S.No.315 of 2018 on its file. Therefore, the
learned counsel prays to allow these Transfer Civil
Miscellaneous Petitions.
7) Learned counsel for the Respondents in all these
Transfer Civil Miscellaneous Petitions reported no objection to
transfer the suit in O.S.No.379 of 2017 and O.S.No.84 of 2018,
on the file of the XII Addl. District Judge, Vijayawada and
O.S.No.630 of 2018 on the file of the I Addl. Senior Civil
Judge, Vijayawada to the Court of the II Addl. District Judge,
Vijayawada to be tried along with O.S.No.315 of 2018 on its
file.
8) Having heard the respective counsel and upon
perusal of the material available on record, it is clear that all
the suits arise out of the same issue and if all the suits
adjudicated by different Courts, there is every possibility of
passing conflicting judgments and as such it is just and
necessary to hear all the suits together in one Court to avoid
conflicting judgments, in the interest of justice.
9) In view of the facts and circumstances of the case
and no objection reported by the learned counsel for the
Respondents, this Court is of the opinion that to avoid
conflicting of the judgments to be passed by different Courts, it
is just and proper to transmit the suit in O.S.No.379 of 2017
and O.S.No.84 of 2018, on the file of the XII Addl. District
Judge, Vijayawada and O.S.No.630 of 2018 on the file of the I
Addl. Senior Civil Judge, Vijayawada to the Court of the II
Addl. District Judge, Vijayawada to be tried along with
O.S.No.315 of 2018 on its file.
10) Accordingly, Transfer Civil Miscellaneous Petitions
are allowed and the suit in O.S.No.379 of 2017 and O.S.No.84
of 2018, on the file of the XII Addl. District Judge, Vijayawada
and O.S.No.630 of 2018 on the file of the I Addl. Senior Civil
Judge, Vijayawada are hereby withdrawn and transferred to
the II Addl. District Judge, Vijayawada, to hear along with
O.S.No.315 of 2018 on its file. The learned XII Addl. District
Judge at Vijayawada shall transmit the entire records in
O.S.No.379 of 2017 and O.S.No.84 of 2018 pending on its file
and the learned I Addl. Senior Civil Judge, Vijayawada, shall
transmit the entire record in O.S.No.630 of 2018 pending on
its file to the learned II Addl. District Judge, Vijayawada,
forthwith, by duly indexed.
11) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall
stand closed.
______________________
JUSTICE BATTU DEVANAND
Dt. 27.07.2022.
PGR
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NOs.831, 832 & 841 of 2018
Dt.27.07.2022
PGR
