Andhra Pradesh High Court - Amravati
Smt. Gone Krishna Kumari vs Vishnumolakala Sambrajyam on 27 June, 2022
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
TR.CMP.NO.123 of 2022
O R D E R:
This Transfer Civil Miscellaneous Petition is filed to withdraw
A.S.No.28 of 2014 from the Court of the XI Additional District Judge,
Tenali, Guntur District to the file of this Court to be heard and disposed of
along with A.S.No.569 of 2013 pending on the file of this Court, in the
interest of justice.
2) Heard Sri K. Jyothi Prasad, learned counsel for the petitioner and
Smt. Nimmagadda Revathi, learned counsel appearing for the
Respondents.
3) Learned counsel for the petitioner submits that the respondents
filed O.S.No.127 of 2007 on the file of the Principal Senior Civil Judge,
Tenali, Guntur District, against the petitioner and others for partition of
suit schedule properties into 5 equal shares and allot three such shares to
them. Thereafter, the petitioner and others filed O.S.No.260 of 2007 on
the file of the Principal Senior Civil Judge, Tenali, against the respondents,
for partition of suit schedule properties into 18 equal shares and allot 1/8
share to the first plaintiff and 7/18th share each to the plaintiff Nos. 2 and
3 i.e., the petitioner and her husband and 1/18th share to each of the
defendants therein, who are respondents herein.
4) Learned counsel for the petitioner further submits that after full
fledged trial, the trial Court passed the common order, dated 28.02.2014,
dismissing the suit O.S.No.260 of 2007 filed by the petitioner and others
and partly allowed the suit O.S.No.127 of 2007 filed by the respondents
herein with regard to A to D schedule properties and dismissed the claim
for partition of 'E' schedule property. Aggrieved by the dismissal of the
suit in O.S.No.260 of 2007, the petitioner and others filed A.S.No.28 of
2014 on the file of XI Additional District Judge, Tenali. Against the decree
and judgment in O.S.No.127 of 2007, the petitioner and others filed
A.S.No.569 of 2013 on the file of this Hon'ble Court. In the appeal in
A.S.No.569 of 2013 filed by the petitioner and others, this Hon'ble Court
granted stay of execution of passing of final decree vide Orders dated
10.07.2013. Both the appeals filed by the petitioner and the respondents
are pending before the respective courts for hearing.
5) Learned counsel for the petitioner submits that both the appeals are
to be decided together as the properties involved in both the cases are
one and the same and the suits were disposed of under a common order.
He further submits that the adjudication of the said appeals in different
courts are likely to lead conflict of litigation and therefore, it is just and
proper that A.S.No.28 of 2014 on the file of the XI Additional District
Judge, Tenali, Guntur District be transferred to this Court to be heard and
disposed of along with A.S.No.569 of 2013, which is pending before this
Court.
6) Learned counsel for the respondents reported no objection to allow
this Transfer Civil Miscellaneous Petition.
7) Having heard the submissions of the learned counsel for the
petitioner, in view of no objection reported by the learned counsel for the
respondents and upon perusal of the material available on record, this
Court is of the opinion that it is a fit case to transfer A.S.No.28 of 2014 on
the file of XI Additional District Judge, Tenali, Guntur District, to this
Court, to meet the interest of justice.
8) Accordingly, this Transfer Civil Miscellaneous Petition is allowed and
A.S.No.28 of 2014 on the file of XI Additional District Judge, Tenali,
Guntur District, is withdrawn and transferred to this Court for hearing and
disposal of the same along with A.S.No.569 of 2013.
9) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in this petition
shall stand closed.
______________________
JUSTICE BATTU DEVANAND
Dt. 27.06.2022
eha
THE HON'BLE SRI JUSTICE BATTU DEVANAND
TR.CMP.NO.123 of 2022
Dt. 27.06.2022
eha
