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2024 DIGILAW 781 (AP)

Kovvuri Sirisha v. Kovvuri Suryakantham

2024-07-15

BANDARU SYAMSUNDER

body2024
ORDER : 1. I have heard both sides. 2. These petitions are filed by the petitioners against the respondents under Section 24 of the Code of Civil Procedure (in short “CPC”) with common grounds seeking transfer of cases in respect of same property, can be disposed of by Common Order. 3. The Tr. CMP No. 99 of 2024 is filed by the petitioner/plaintiff in OS No. 32 of 2023 on the file of II Additional District Judge’s Court, Amalapuram of East Godavari District, seeking transfer of OS No. 3 of 2024 on the file of IV Additional District Judge’s Court, Tanuku of West Godavari District to II Additional District and Sessions Judge’s Court, Amalapuram of East Godavari District to try along with OS No. 32 of 2023. The Tr. CMP No. 172 of 2024 is filed by the petitioners, who are plaintiffs in OS No. 3 of 2024 on the file of IV Additional District Judge’s Court, Tanuku of West Godavari District, seeking transfer of OS No. 32 of 2023 on the file of II Additional District and Sessions Judge’s Court, Amalapuram of East Godavari District to IV Additional District Judge’s Court, Tanuku of West Godavari District to try along with OS No. 3 of 2024. 4. It is the contention of the petitioner in Tr. CMP No. 99 of 2024 that at the first instance, she filed suit for partition and separate possession of her share in plaint schedule properties, and thereafter the respondent Nos.1 and 2, who are plaintiffs in OS No. 3 of 2024 on the file of IV Additional District Judge’s Court, Tanuku of West Godavari District filed suit for declaration and recovery of possession in respect of same properties. The petitioner submits that some of the properties are situated within the jurisdiction of District Court, Amalapuram, and few of properties are situated within the jurisdiction of District Court, Tanuku. It is the contention of the petitioner that the respondent Nos.1 and 2 are also residents of Ravulapalem village, within the jurisdiction of Amalapuram Court, who intentionally filed OS No. 3 of 2024 on the file of IV Additional District Judge’s Court, Tanuku of West Godavari District to harass her, though they are residents of Ravulapalem village and the respondent Nos.7 to 20 are tenants in the suit schedule properties. The petitioner submits that the issues and properties involved in both the suits are similar, due to that she is seeking transfer of OS No. 3 of 2024 from IV Additional District Judge’s Court, Tanuku of West Godavari District to II Additional District and Sessions Judge’s Court, Amalapuram of East Godavari District to try along with OS No. 32 of 2023. 5. The contention of the petitioners in Tr. CMP No. 172 of 2024 is that though the 1st petitioner is residing at Ravulapalem village along with her minor child, she has no male support to attend the Court at Amalapuram, which is at a distance of 35 to 40 kms from Ravulapalem, whereas Tanuku town is at a distance of 25 kms from Ravulapalem, which is convenient to both sides to attend the Court. The petitioners submit that Tanuku town is situated on National Highway No. 16, due to that it is convenient to both parties to attend the Court to prosecute their suits. They pray to transfer OS No. 32 of 2023 to IV Additional District Judge’s Court, Tanuku of West Godavari District. 6. The learned Counsel for the petitioner in Tr. CMP No. 99 of 2024 would submit that though the respondent Nos. 1 and 2 are residents of Ravulapalem within the jurisdiction of District Court, Amalapuram have chosen to file suit before IV Additional District Judge’s Court, Tanuku of West Godavari District only to harass the petitioner. He would further submit that when most of the properties are situated within the jurisdiction of District Court, Amalapuram both suits have to be tried by the same Court to avoid conflicting decisions. He prays to allow the petition filed by the petitioner, and dismiss the petition filed by the respondent Nos. 1 and 2. 7. The learned Counsel for the petitioners in Tr. CMP No. 172 of 2024 would submit that though the petitioners are residing at Ravulapalem village, they have no male support and Amalapuram is situated at loop line, whereas Tanuku town is situated by the side of National Highway No. 16, as some of the properties are also situated within the jurisdiction of District Court, Tanuku the petitioners have chosen to file suit OS No. 3 of 2024 before IV Additional District Judge’s Court, Tanuku, which is permissible under law. He would further submit that the petitioners have no male support to prosecute their case before the District Court at Amalapuram. He prays to allow the petition filed by the petitioners and dismiss the petition filed by the 1st respondent. 8. Admittedly, OS No. 32 of 2023 is filed by the petitioner in Tr. CMP No. 99 of 2024, seeking for partition and separate possession of her share in immovable properties, consisting of three schedules. Out of three schedules shown in OS No. 32 of 2023, ‘A’ schedule property is consisting of six items, situated within the jurisdiction of District Court, Amalapuram, whereas ‘B’ schedule property consisting of four items, situated within the jurisdiction of District Court, Tanuku, whereas ‘C’ schedule property is also situated within the jurisdiction of District Court, Amalapuram. Whereas, the claim of the petitioners in Tr. CMP No. 172 of 2024 in OS No. 3 of 2024 is basing on a WILL said to be executed by the father-in-law of the 1st petitioner in favour of the husband of the 1st petitioner, wherein also same properties have been shown, and they filed suit for declaration of their title, and recovery of possession. 9. A perusal of plaint in both the suits, which shows that all the parties are residents of Ravulapalem village of East Godavari District, which is within the territorial jurisdiction of District Court at Amalapuram. The contention of both sides in both the suits is similar, and the defence of respective defendants in both the suits is also appears to be similar. When issues and parties and the contention of both parties are similar in both the suits, which have to be disposed of by the same Court to avoid conflicting decisions, as necessity for transfer of suit from one Court to another, would arise if only there exists any similarity of causes of action or commonality of parties. 10. After considering the fact that the petitioners and also the respondent Nos.1 and 2 in Tr. CMP No. 99 of 2024 are residing at Ravulapalem village, and the remaining respondents, who are shown as defendants in both the suits are also residing in Ravulapalem village, and most of the properties are situated at Ravulapalem village, it is desirable to dispose of both the suits by II Additional District and Sessions Judge’s Court, Amalapuram, as the relief claimed by the petitioners in Tr. CMP No. 172 of 2024 is for declaration and for recovery of possession of plaint schedule properties, which are situated within the jurisdiction of II Additional District and Sessions Judge’s Court, Amalapuram of East Godavari District. Even otherwise, at the first instance the petitioner in Tr. CMP No. 99 of 2024 filed OS No. 32 of 2023, seeking for partition of plaint schedule properties, wherein she has shown the petitioners in Tr. CMP No. 172 of 2024 as defendant Nos.1 and 2, and thereafter the petitioners in Tr. CMP No. 172 of 2024 though they are residents of Ravulapalem village, within the jurisdiction of District Court, Amalapuram filed suit before IV Additional District Judge’s Court, Tanuku of West Godavari District, on the ground that ‘B’ schedule properties are situated within the jurisdiction of District Court, Tanuku of West Godavari District. 11. After considering the fact that both the parties are residing within the jurisdiction of District Court, Amalapuram, and most of the properties are also situated within the jurisdiction of District Court, Amalapuram, and proposed witnesses are also residing at Ravulapalem, it is desirable to transfer O.S. No. 3 of 2024 on the file of IV Additional District Court, Tanuku to II Additional District Court, Amalapuram to try along with OS No. 32 of 2023 to avoid multiplicity of litigation and conflicting decisions if any. 12. There are no grounds to consider the request of the petitioners in Tr. CMP No. 172 of 2024 to transfer OS No. 32 of 2023 from II Additional District Court, Amalapuram of East Godavari District to IV Additional District Court, Tanuku of West Godavari District to try along with OS No. 3 of 2024 on the file of IV Additional District Court, Tanuku of West Godavari District, in view of that they are residing within the jurisdiction of District Court, Amalapuram, which is only 35 to 40 kms from Ravulapalem village. 13. In the result, Tr. CMP No. 99 of 2024 is allowed. Tr. CMP No. 172 of 2024 is dismissed. O.S. No. 3 of 2024 on the file of IV Additional District Court, Tanuku of West Godavari District is hereby withdrawn and transferred to II Additional District Court, Amalapuram of East Godavari District to try along with OS No. 32 of 2023. CMP No. 99 of 2024 is allowed. Tr. CMP No. 172 of 2024 is dismissed. O.S. No. 3 of 2024 on the file of IV Additional District Court, Tanuku of West Godavari District is hereby withdrawn and transferred to II Additional District Court, Amalapuram of East Godavari District to try along with OS No. 32 of 2023. The learned Judge, IV Additional District Court, Tanuku shall transmit the case records in O.S. No. 3 of 2024 after duly indexed to II Additional District Court, Amalapuram 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. Both the parties to the suits shall appear before II Additional District Court, Amalapuram on 27.08.2024 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.