Andhra Pradesh High Court - Amravati
Assi Venkata Varahala Narasimha ... vs Maramreddy Usha on 18 October, 2022
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr. C.M.P Nos.88, 89, 90 and 110 of 2021
COMMON ORDER:
Tr.C.M.P.No.88 of 2021:
This Transfer Civil Miscellaneous Petition has been filed
to transfer O.S.No.152 of 2021 pending on the file of the I
Additional Junior Civil Judge, Nellore to the Court of VI
Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
Tr.C.M.P.No.89 of 2021:
2) This Transfer Civil Miscellaneous Petition has been
filed to transfer O.S.No.157 of 2021 pending on the file of
the Principal Junior Civil Judge, Nellore to the Court of VI
Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
2
Tr.C.M.P.No.90 of 2021:
3) This Transfer Civil Miscellaneous Petition has been
filed to transfer O.S.No.149 of 2021 pending on the file of
the I- Additional Junior Civil Judge, Nellore to the Court of
VI Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
Tr.C.M.P.No.110 of 2021:
4) This Transfer Civil Miscellaneous Petition has been
filed to transfer O.S.No.151 of 2021 pending on the file of
the Principal Junior Civil Judge, Nellore to the Court of VI
Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
5) Heard Sri Raja Reddy Koneti, learned counsel for
the petitioner and Sri V. Siva Prasad Reddy, learned counsel
for the respondent in all the above matters. Perused the
records.
6) All these Transfer Civil Miscellaneous Petitions
filed by the same petitioner against different respondents.
The petitioner herein is the Defendant in the suit in
O.S.No.149 of 2021 and O.S.No.152 of 2021 which are
pending on the file of the I Addl. Junior Civil Judge, Nellore
and O.S.No.151 of 2021 and O.S.No.157 of 2021 which are
pending on the file of the Principal Junior Civil Judge,
Nellore. All the suits are filed for recovery of money basing
on the promissory notes executed by the petitioner herein.
7) The learned counsel for the petitioner submits
that in all the promissory notes the family members and
other kith and kin are witnesses to the promissory notes.
The learned counsel for the petitioner further submits that
the suits are filed by the respective respondents/plaintiffs
showing as residents of Nellore, though all of them reside at
Visakhapatnam. The suits are filed only to harass the
petitioner and to bring to terms. In fact the property sought
to be attached is situated at Visakhapatnam and even if the
suits are decreed, the execution would be at Visakhapatnam.
He contends that as per Section 20A of Civil Procedure Code,
the suit to be filed where the defendant resides or cause of
action wholly or in part arises.
8) The learned counsel for the petitioner further
submits that the in all the suits the petitioner is sole
defendant and he had a common defence to defend all the
suits. Further the plaintiff in one suit is a witness to the
execution of the promissory note in another suit. To avoid
any conflict of judgments also, it is just and proper to try all
the suit simultaneously in one court and the same would be
convenient to the Court to consider his defence in the right
perspective and it will be convenient to the Court as well as
to all the parties to the suits.
9) The learned counsel for the petitioner further
submits that in the circumstances, it is just and proper to
transfer the suits in O.S.No.149 of 2021 and O.S.No.152 of
2021 on the file of the I Addl. Junior Civil Judge, Nellore and
O.S.No.151 of 2021 and O.S.No.157 of 2021 on the file of
the Principal Junior Civil Judge, Nellore to the Court of VI
Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021.
10) Learned counsel for the Respondents in all the
Transfer Civil Miscellaneous Petitions vehemently opposed to
transfer the said suits by relying upon the decision of the
Hon'ble Supreme Court in Neilan International Co. Ltd.
Vs. Powerica Limited and others [Transfer Petition (Civil)
No.32 of 2020] and a decision of this High Court in
Motupalli Usha Rani vs. Pala Sivva Rama Krishna1.
11) This Court gave careful consideration to the
submissions made by the respective counsels.
12) Admittedly, all the above said four suits are filed
basing on the promissory notes executed at Nellore and the
2020(3) ALT 555 (AP)
plaintiffs are residing at Nellore, where the cause of action
arose. As such, there is no valid reason in transferring all the
above said four suits from Nellore to Visakhapatnam.
13) In Motupalli Usha Rani vs. Pala Sivva Rama
Krishna (referred supra), the High Court of Andhra Pradesh
held in Paragraph No.4 as extracted hereunder:
"4. The other ground raised before this Court is that the
Courts is that the Courts at Kakinada and Peddapuram
lack territorial jurisdiction as the defendant is not
residing within the territorial limits of Kakinada and
Peddapuram, and therefore, requested to withdraw the
above said two suits on this ground also. But lack of
territorial jurisdiction is not a ground to exercise power
under Section 24 CPC to withdraw and transfer the suits
from one Court to another Court. But it is a ground to
return the plaint under Order VII Rule 10 CPC or the
petitioner may file an appropriate application under
Order XIV Rule 2 CPC to frame an issue as to territorial
jurisdiction and try the same as preliminary issue.
Therefore, liberty is given to the petitioner to file
appropriate applications under Order VII Rule 10 or
under Order XIV Rule 2 CPC."
14) The Hon'ble Apex Court in Neilan International
Co. Ltd. Vs. Powerica Limited and others (referred
supra), held at Paragraph No.5 as extracted herein:
"5. Apropos, it is no longer res integra that there is
limited scope vested in this Court while exercising
its jurisdiction under Section 25 of CPC and the
same cannot be extended to determine the question
of territorial jurisdiction of the proceedings before it
as the plea of jurisdiction or the lack of it can be
prompted before the Court in which the proceedings
are pending."
15) for the above said reasons and in the light of
the settled legal proposition and in view of the facts and
circumstances of the case, this Court do not find any
merits to order transferring the above said four suits
from Nellore to Visakhapatnam.
17) Accordingly, the transfer civil miscellaneous
petitions are dismissed.
As a sequel, miscellaneous petitions, if any pending,
shall stand dismissed..
______________________
JUSTICE BATTU DEVANAND
Date:18.10.2022
PGR/SP
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr. C.M.P Nos.88, 89, 90 and 110 of 2021
Dt.18.10.2022
PGR/SP
