Andhra Pradesh High Court - Amravati
Muppirisetti Siva Nageswara Rao vs Pedisetti Ratna Manikyam on 4 July, 2024
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
APHC010279002024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [2605]
(Special Original Jurisdiction)
THURSDAY ,THE FOURTH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CIVIL REVISION PETITION NO: 1350/2024
Between:
Muppirisetti Siva Nageswara Rao and Others ...PETITIONER(S)
AND
Pedisetti Ratna Manikyam and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. SAI GANGADHAR CHAMARTY
Counsel for the Respondent(S):
1.
The Court made the following:
ORDER:
-
The Civil Revision Petition is filed under Article 227 of the
Constitution of India by the petitioners in Transfer O.P.No.50 of 2024 on the
file of District Judge, Krishna, on the ground that in I.A.No.608 of 2024, the
learned District Judge, Krishna at Machilipatnam, has not granted stay of
all further proceedings in O.S.No.206 of 2023 pending on the file of the
Civil Judge (Junior Division), Movva, Krishna District, till disposal of the
Transfer Petition.
2. The case of the Petitioners is thus:
O.S.No.206 of 2023 is filed by the respondent No.1 herein on the
file of the Civil Judge (Junior Division), Movva, Krishna District, seeking
perpetual injunction against the petitioners herein and some others. While
so, the petitioners herein have filed O.S.No.07 of 2024 against the
respondents herein on the file of the Civil Judge (Senior Division),
Avanigadda, seeking partition of the plaint schedule properties. The case of
the petitioners is that since O.S.No.07 of 2024 is a comprehensive suit for
partition and O.S.No.206 of 2023 is only for perpetual injunction and some
of the properties in both the suits are common, the petitioners herein have
filed the Transfer Petition No.50 of 2024 on the file of the learned District
Judge, Krishna at Machilipatnam, seeking transfer of O.S.No.206 of 2023
to the Court of Civil Judge (Senior Division), Avanigadda, for joint trial to
avoid multiplicity of the proceedings and conflicting judgments. It is the
further case of the petitioners that in the said transfer Petition, they filed
I.A.No.608 of 2024 seeking stay of further proceedings in O.S.No.206 of
2023 pending on the file of the Civil Judge (Junior Division), Movva, till
disposal of the Transfer Petition. Instead of granting stay, the learned
District Judge, Krishna, ordered Notices to the respondents and posted the
matter to 05.07.2024.
3. Now the submission of the learned counsel for the Revision
Petitioners is that unless stay of further proceedings in O.S.No.206 of 2023
is granted pending the Transfer Petition and if trial is conducted in
O.S.No.206 of 2023, the petitioner will be put to much hardship. Hence, the
Civil Revision Petition.
4. Having regard to the nature of the prayer, this Court considers
it not expedient to order Notices to the respondents, rather the Civil
Revision Petition can be disposed of at the admission stage.
5. It is seen that both the suit i.e., O.S.No.206 of 2023 and
O.S.No.07 of 2024 are recent matters and there is no likelihood of their trial
being taken place in the near future that too pending disposal of the
Transfer Petition No.50 of 2024. Therefore, the learned District Judge,
Krishna, cannot be found fault for not granting ex parte stay while issuing
notices to the respondents. However, having regard to the fact that both
the suits are having common properties as submitted by the learned
counsel for the petitioners, the District Judge, Krishna, has to consider the
feasibility of transferring O.S.No.206 of 2023 to the Court of Civil Judge
(Senior Division), Avanigadda, after hearing both the parties. Therefore, the
expeditious enquiry in Transfer Petition No.50 of 2024 is essential in the
present circumstances.
6. Accordingly, while dismissing the Civil Revision Petition, the
learned District Judge, Krishna at Machilipatnam, is directed to conduct
enquiry in Transfer Petition No.50 of 2024 expeditiously and pass orders on
merits within a period of Six weeks from the date of receipt of a copy of this
Order.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
________________________
U.DURGA PRASAD RAO, J
Dt. 04.07.2024
Note: Issue CC by 08.07.2024
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THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
Dt.4-07-2024
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