APHC010545132025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE 19 THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR TRANS. CIVIL MISC.PETITION NO: 391 of Between: 1. GARAPATI VIJAYA LAKSHMI, W/O. UMAMAHESWARA RAO, D/O. ALAPATI RAMESH, AGED ABOUT 34 YEARS, DOOR NO. 2 NALLAJERLA, NALLAJERLA MANDAL, WEST GODAVARI DISTRICT 1. GARAPATI VIJAYA LAKSHMI, W/O. VENBKATESWARA RAO, AGED 69 YEARS, R/O. KOWALI VILLAGE, DENDULUR MANDAL, WEST GODAVARI DISTRICT. 2. SMT GARAPATI SRIDHAR CHAKRAVARTHI, S/O. VENKATESWARA RAO, AGED NOT KNOWN TO PETITIONER R/O. KOWALI VILLAGE, DENDULUR MANDAL, WEST GODAVARI DISTRICT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed there withdraw the suit in OS No. 3/2021 on the file of XI Additional District AND Sessions Judge Court at Tadepallig Addl District and Sessions Court at Eluru for proper and correct adjudication of the proceedings in the interest of justice and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order stay of all further proceedings in OS No. 3/2021 on the file of XI IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 19th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI NS. CIVIL MISC.PETITION NO: 391 of 2025 GARAPATI VIJAYA LAKSHMI, W/O. UMAMAHESWARA RAO, D/O. ALAPATI RAMESH, AGED ABOUT 34 YEARS, DOOR NO. 2 NALLAJERLA, NALLAJERLA MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND GARAPATI VIJAYA LAKSHMI, W/O. VENBKATESWARA RAO, AGED 69 YEARS, R/O. KOWALI VILLAGE, DENDULUR MANDAL, WEST GODAVARI DISTRICT. SMT GARAPATI SRIDHAR CHAKRAVARTHI, S/O. VENKATESWARA RAO, AGED NOT KNOWN TO PETITIONER R/O. KOWALI VILLAGE, DENDULUR MANDAL, WEST GODAVARI DISTRICT ...RESPONDENT(S): on Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed there with, the High Court may be pleased to withdraw the suit in OS No. 3/2021 on the file of XI Additional District AND Sessions Judge Court at Tadepalligudem and transmit the same to the VIII Addl District and Sessions Court at Eluru for proper and correct adjudication of the proceedings in the interest of justice and to pass Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order stay of all further proceedings in OS No. 3/2021 on the file of XI IN THE HIGH COURT OF ANDHRA PRADESH [3606] THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR GARAPATI VIJAYA LAKSHMI, W/O. UMAMAHESWARA RAO, D/O. ALAPATI RAMESH, AGED ABOUT 34 YEARS, DOOR NO. 2-12, NALLAJERLA, NALLAJERLA MANDAL, WEST GODAVARI DISTRICT ...PETITIONER GARAPATI VIJAYA LAKSHMI, W/O. VENBKATESWARA RAO, AGED 69 YEARS, R/O. KOWALI VILLAGE, DENDULUR MANDAL, WEST SMT GARAPATI SRIDHAR CHAKRAVARTHI, S/O. VENKATESWARA RAO, AGED NOT KNOWN TO PETITIONER R/O. KOWALI VILLAGE, ...RESPONDENT(S): on Under Section 24 of the C.P.C. Praying that in the circumstances the High Court may be pleased to withdraw the suit in OS No. 3/2021 on the file of XI Additional District AND udem and transmit the same to the VIII Addl District and Sessions Court at Eluru for proper and correct adjudication Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order stay of all further proceedings in OS No. 3/2021 on the file of XI Additional District a Sessions Judge Court at Tadepalligudem interest of Justice and to pass Counsel for the Petitioner: 1. YALLABANDI RAMATIRTHA Counsel for the Respondent(S): 1. The Court made the following: THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI TRANS. CIVIL MISC.PETITION NO: 391 of 2025 ORDER:- Heard Mr.Y.Ramathirtha, learned counsel for the Petitioner. 2. The present Petition is filed to withdraw the suit in O.S.No.3 of 2021 on the file of XI Additional District and Sessions Judge, Tadepalligudem and transmit the same to VIII Additional District and Sessions Judge, Eluru. 3. Learned Counsel for Petitioner submitted that originally O.S.No.3 of 2021 was filed on the file of VIII Additional District and Sessions Judge, Eluru for the relief of partition of Item Nos.1 to 7 of Plaint Schedule Properties. He further submitted that, by then, the Petitioner was residing at Nallajarla, Tadepalligudem. But the properties under the suit are situated at Denduluru, near Eluru. The said matter was transferred to the XI Additional District Court, Tadepalligudem, on administrative side on establishment of New Additional District Court. Since the properties are at Eluru, the Petitioner sought to re- transfer the said suits from XI Additional District Court, Tadepalligudem to the District Court at Eluru. 4. Perused the record. 5. The Additional District Court at Tadepalligudem and VIII Additional District Court at Eluru are within the jurisdiction of Principal District Court at Eluru. The Principal District Court at Eluru has the jurisdiction under Section 24 of Code of Civil Procedure, 1908 (‘for brevity ‘CPC’) to consider the applications filed under the provision. Learned counsel submitted that no such application has been moved before the concerned Principal District Court. Since the Principal District Court is having jurisdiction and more so, learned counsel submission is only on administrative ground, the suit was transferred, but not otherwise on any other grounds, this Court is of the view that the respective application under the relevant provisions can be filed before concerned Court, which is competent to decide the subject issue. 6. Therefore, without going into merits, this Court is inclined to dispose of this Petition with following directions: i) The Petitioner is given liberty to file appropriate application before Principal District Court, Eluru for the subject matter filed in the present Petition. ii) on filing of such application, the Principal District Court, Eluru may proceed after affording opportunity to both parties by following due process of law, without influencing of any of the findings in this Petition. 7. With the above direction, the Transfer Civil Miscellaneous Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________________ PURUSHOTTAM KUMAR CHINTALAPUDI,J Date: 19.08.2026 Note : Issue C.C by today B/o KK