S.Bhaskar Rao, vs Nimmakayala Veera Bhadra Rao
2022 Latest Caselaw 7151 AP

                                   1

    THE HON'BLE SRI JUSTICE BATTU DEVANAND

                 Tr.C.M.P.No.109 of 2022
O R D E R:

This Transfer Civil Miscellaneous Petition has been filed

to withdraw O.S.No.16 of 2019 from the Court of the

I Additional Senior Civil Judge, Kakinada, East Godavari

District, and transfer the same to the Court of the Principal

Senior Civil Judge, Kovvur, West Godavari District, Andhra

Pradesh, to be tried along with O.S.Nos. 115/13, 50/13,

04/15, 05/15 and 58/2016.

2) Heard learned counsel for the petitioner and

perused the record.

3) Personal Notice sent to respondent No.2 is

served, but there is no appearance made by her.

Respondent No.3 refused to receive the personal Notice sent

by the petitioner. As per the settled law, it has to be treated

as deemed service.

4) Learned counsel for the petitioner submits that the

petitioner is the proprietor of the S.M. Enterprises. At the

instance of one Jupalli Chandra Bhaskar Rao of Nidadavole,

West Godavari District, the respondents filed O.S.No.16 of

2019 on the file of the Court of I Additional Senior Civil

Judge, Kakinada, East Godavari District, by creating a fake

promissory note. Earlier, at the instance of the said Jupalli

Chandra Bhaskar several persons filed several civil suits

against the petitioner and the same are pending at Senior

Civil Judge, Kovvur. Since several civil suits are pending on

the file of the Court of the Principal Senior Civil Judge,

Kovvur, the present O.S.No.16 of 2019 be withdrawn and

transferred to the Principal Senior Civil Judge, Kovur, to try

along with O.S.Nos.115 of 2013, 50 of 2013, 04 of 2015, 05

of 2015 and 58 of 2016 as it will be convenient to all the

parties to attend all the Civil cases at Kovur and the

possibility of conflicting judgments can be avoided.

Therefore, he prayed to transfer O.S.No.16 of 2019 on the

file of the I Additional Senior Civil Judge, Kakinada, East

Godavari, to the Court of the Principal Senior Civil Judge,

Kovvur, West Godavari District.

5) Having heard the submissions of the learned

counsel for the petitioner and upon perusing the material

available on record, the contention of the petitioner is that,

at the instance of Jupalli Chandra Bhaskar Rao, several

persons filed several suits and the same are pending before

the Senior Civil Judge, Kovur for consideration. On careful

perusal of the record, it appears that six civil suits filed by

several persons are pending before the Senior Civil Judge,

Kovvur. If O.S.No.16 of 2019 filed by the respondents is

transferred to the Court of the Principal Senior Civil Judge,

Kovvur, West Godavari, no prejudice would be caused to the

respondent. Since nearly six civil suits, which are filed by

several persons, are pending before the same court, it will

be convenient to all the parties to attend all the civil cases at

Kovur. To avoid conflict of judgments also, it is just and

proper to try all the suits 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. Therefore, this Court is

of the opinion that this is a fit case to transfer O.S.No.16 of

2019 on the file of the I Additional Senior Civil Judge,

Kakinada, East Godavari, to the Court of the Principal Senior

Civil Judge, Kovvur, West Godavari District, to try along with

O.S.Nos.115, 50 of 2013, 04 and 05 of 2015 and 58 of

2016, in the interest of justice.

6) Accordingly, this Transfer Civil Miscellaneous

Petition is allowed and the O.S.No.16 of 2019 on the file of

the I Additional Senior Civil Judge, Kakinada, East Godavari,

is hereby withdrawn and transferred to the Court of the

Principal Senior Civil Judge, Kovvur, West Godavari. The

learned I Additional Senior Civil Judge, Kakinada, East

Godavari, shall transmit the entire record in O.S.No.16 of

2019 pending on his file to the Court of the Principal Senior

Civil Judge, Kovvur, West Godavari, forthwith, by duly

indexed.

7) 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.19.09.2022.

eha

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Tr.C.M.P.No.109 of 2022

Dt.19.09.2022

eha