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2024 DIGILAW 734 (AP)

Tummidi Bulli Govindaraju v. Tummidi Ram Kumar

2024-07-03

BANDARU SYAMSUNDER

body2024
ORDER : Bandaru Syamsunder, J. 1. I have heard both sides. 2. These petitions are filed by the petitioners under Section 24 of the Code of Civil Procedure (in short "CPC"), seeking transfer of cases in respect of immovable property and movable property, shown in the respective schedules in the plaint between the same parties, can be disposed of by Common Order. 3. The Tr.CMP No.160 of 2023 is filed by the petitioners, who are the 3rd defendant and 7th defendant, seeking transfer of OS No.75 of 2020 on the file of VI Additional District Court, Visakhapatnam to any other Courts at Rajamahendravaram. The Tr.CMP No.60 of 2024 filed by the petitioner, who is the plaintiff in OS No.27 of 2021, seeking transfer of the suit from V Additional District Court, Rajamahendravaram to II Additional District Court, Visakhapatnam. The Tr.CMP No.61 of 2024 filed by the petitioner, who is the 1st defendant in OS No.30 of 2021, seeking transfer of the suit from VIII Additional District Court, Rajamahendravaram to II Additional District Court, Visakhapatnam. 4. In all the transfer petitions, most of the parties are similar, and most of the properties are situated within the jurisdiction of District Court, Rajamahendravaram. In OS No.75 of 2020 filed by the 1st respondent and 2nd respondent, seeking for partition, except Item No.10 and Item No.11, the remaining properties are situated at Rajamahendravaram of East Godavari District, and other properties are situated at West Godavari District and Krishna District. The 1st respondent, who is one of the plaintiffs in OS No.75 of 2020 also filed OS No.27 of 2021 on the file of V Additional District Court, Rajamahendravaram for declaration of his title in respect of said suit schedule item, which is situated at Rajamahendravaram. 5. The learned Counsel, representing the petitioners in Tr.CMP No.160 of 2023 would submit that most of the properties are situated within the jurisdiction of District Court, Rajamahendravaram, and the plaintiffs in OS No.75 of 2020 are also permanent residents of Rajamahendravaram, and the parties and proposed witnesses of the suits are also residing within the jurisdiction of District Court, Rajamahendravaram due to that the petitioners are seeking transfer of OS No.75 of 2020 on the file of VI Additional District Court, Visakhapatnam to any other Courts at Rajamahendravaram. He would further submit that the petitioners, who are the 3rd defendant and 7th defendant filed petition, seeking for transfer of suit, the 1st respondent and 2nd respondent came-up and filed other two transfer petitions, seeking for transfer of cases from Rajamahendravaram. He prays to allow the petition filed by the petitioners and dismiss the petitions filed by the 1st respondent and 2nd respondent. 6. The learned Counsel, representing the 1st respondent and 2nd respondent in Tr.CMP No.160 of 2023 would submit that the 1st respondent and 2nd respondent are senior citizens, who are now residing at Visakhapatnam, due to that they are seeking transfer of OS No.27 of 2021 and OS No.30 of 2021 from the Courts at Rajamahendravaram to II Additional District Court, Visakhapatnam. 7. A perusal of records, which shows that in the copy of plaint in OS No.75 of 2020 filed by the 1st respondent and 2nd respondent, seeking for partition, except Item No.10 and Item No.11, the remaining immovable properties and movable properties are situated within the jurisdiction of Rajamahendravaram of East Godavari District, and some of the properties are situated at West Godavari District and Krishna District. 8. The petitioners in Tr.CMP No.160 of 2023, who are defendants in OS No.75 of 2020 also filed copy of sale deed, dated 26.05.2023, and copy of Aadhar card of the 1st respondent, which shows that the 1st respondent and 2nd respondent are also permanent residents of Rajamahendravaram. Even, the 1st respondent filed suit for declaration of his title in respect of immovable property, vide OS No.27 of 2021 pending on the file of V Additional District Court, Rajamahendravaram. The Hon'ble Apex Court in Kulwinder Kaur @ Kulwinder Gurcharan Singh Vs. Kandi Friends Education Trust 2008 INSC 40 : (2008) 3 SCC 659 , held that the following factors have to be taken into consideration in a situation in which it is the duty of the Court to transfer the case. The Hon'ble Apex Court in Kulwinder Kaur @ Kulwinder Gurcharan Singh Vs. Kandi Friends Education Trust 2008 INSC 40 : (2008) 3 SCC 659 , held that the following factors have to be taken into consideration in a situation in which it is the duty of the Court to transfer the case. i) balance of convenience or inconvenience to the plaintiff or defendant or witnesses; ii) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; iii) issues raised by the parties; iv) reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; v) important questions of law involved or a considerable section of public interest in the litigation; vi) interest of justice demanding for transfer of suit, appeal or other proceeding, etc. 9. The Hon'ble Apex Court observed that the above guidelines are illustrative, but not substantive guidelines. 10. When most of the properties are situated within the jurisdiction of District Courts, Rajamahendravaram, and all the parties are also permanent residents of Rajamahendravaram, and the proposed witnesses are residents of Rajamahendravaram, it is desirable to dispose of all the cases pending between the parties by the District Court, Rajamahendravaram. There are grounds to consider the request of the petitioners in Tr.CMP No.160 of 2023 to transfer OS No.75 of 2020 on the file of VI Additional District Court, Visakhapatnam to VIII Additional District Court, Rajamahendravaram, where OS No.30 of 2021 is pending. It appears that the contention of the 1st respondent in OS No.27 of 2021 pending on the file of V Additional District Court, Rajamahendravaram is also similar to the contention in OS No.75 of 2020. In those circumstances, it is desirable to dispose of all the three cases by the same Court. It is for the said Court to decide whether to club all the matters or to conduct independent trial depending upon the facts and issues involved in those cases. 11. In the result, Tr.CMP No.160 of 2023 is allowed. Tr.CMP No.60 of 2024 and Tr.CMP No.61 of 2024 are dismissed. OS.No.75 of 2020 on the file of VI Additional District Court, Visakhapatnam is hereby withdrawn and transferred to VIII Additional District Court, Rajamahendravaram. 11. In the result, Tr.CMP No.160 of 2023 is allowed. Tr.CMP No.60 of 2024 and Tr.CMP No.61 of 2024 are dismissed. OS.No.75 of 2020 on the file of VI Additional District Court, Visakhapatnam is hereby withdrawn and transferred to VIII Additional District Court, Rajamahendravaram. By invoking powers vested under Section 24 of CPC, in view of common contention of parties in all the suits, OS No.27 of 2021 pending on the file of V Additional District Court, Rajamahendravaram is also hereby withdrawn and transferred to VIII Additional District Court, Rajamahendravaram. The learned Judge, VI Additional District Court, Visakhapatnam shall transmit the case records in OS.No.75 of 2020 after duly indexed to VIII Additional District Court, Rajamahendravaram as expeditiously as possible, within a period of two (02) weeks from the date of receipt of Orders of this Court in the present petition. The learned Judge, V Additional District Court, Rajamahendravaram shall transmit the case records in OS.No.27 of 2021 after duly indexed to VIII Additional District Court, Rajamahendravaram as expeditiously as possible, within a period of two (02) weeks from the date of receipt of Orders of this Court in the present petition. All the parties to the suits shall appear before VIII Additional District Court, Rajamahendravaram on 25.07.2024 at 10.30 a.m. No order as to costs. Consequently, miscellaneous petitions, if any, shall stand closed. Interim Stay if any, granted shall stand vacated.