1 APHC010334682023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 1738/2023 Between: 1. Tambabathula Rama Krishna, S/o. Venkateswara Rao, Hindu, aged about 61 years, Occ. Business, Prop. M/s Rama Krishna Automobiles Works, D.No.27-7-50, Sivalayam Street, Bandar Lock Center, Governerpet, Vijayawada, Krishna district. ...PETITIONER AND 1. Peravali Vijaya Kumar, S/o. Rama Rao, Hindu, Aged about 76 Years Retd Bank Officer, d.No. 52-1/3-5, 1st Cross Road, Veterinary Colony, Vijayawada, Krishna District. ...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to Memorandum of Regular Civil Petition against the order dated 30/01/2023, passed in I.A.No.86 of 2023 IN O.S.NO. 05/2016, on the file of VII ADDL DISTRICT JUDGE-CUM- IV ADDI. Metropolitan Session Judge at Vijayawada IA NO: 1 OF 2023 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 grant stay of all further proceeding in O.S.No.5/2016 on the file of VII Additional District Judge - cum- IV Additional Metropolitan session judge 2 Krishna At Vijayawada, otherwise I will be put to irreparable loss and incontinence and pass Counsel for the Petitioner: 1. M RADHAKRISHNA Counsel for the Respondent: 1. The court made the following order: The present civil revision petition is filed questioning the legality and correctness of the order dated 30.01.2023 in I.A.No.86/2023 in O.S.No.5 of 2016 on the file of learned VII Addl District Judge-cum-IV Addl Metropolitan Sessions Judge, Vijayawada. 2. The brief averments of this revision petition are summarized as under: The petitioner/plaintiff filed O.S.No.5/2016 on the file of VII Addl District Judge-cum-IV Addl. Metropolitan Sessions Judge, Vijayawada wherein the respondent is the defendant. The respondent herein has also filed a suit vide O.S.No.66/2018 on the file of VII Addl. District Judge, Vijayawada. The petitioner herein filed I.A.No.86/2023 under Rule 57 of Andhra Pradesh Civil Rules of Practice and Circular orders (A.P.C.R.P.) and Section 151 of CPC praying the court below to club the two suits i.e., O.S.No.5/2016 and O.S.No.66/2018 for avoiding multiplicity of litigation and conflicting decisions. The court below has allowed the said application and thereby ordered that both the suits are clubbed for joint trial and evidence be recorded in 3 O.S.No.5/2016. Aggrieved by the said order, the present revision came to be filed. 3. Heard Sri M.Radha Krishna, learned counsel for the revision petitioner and despite service of notice, there was no representation on behalf of the respondent. 4. Learned counsel for the petitioner in elaboration to what has been stated in the grounds of the revision and the contents of the affidavit filed before the court below contended that, the petitioner herein filed O.S.No.5/2016 for permanent injunction and the respondent herein filed O.S.No.66/2018 for declaration of title and for recovery of damages before the very same court. Since the parties to both the suits are one and the same, the petitioner filed I.A.No.86/2023 praying the court below to club the two suits and the court below had allowed the said application with an observation ‘evidence be recorded in O.S.No.5/2016’. Though the entire order was questioned, the petitioner has now restricted his relief to question the observation in the said order that ‘evidence be recorded in O.S.No.5/2016’. Learned counsel for the petitioner further submitted that, O.S.No.66/2018 is a comprehensive suit wherein declaration of title has been sought and recording the evidence in that suit would be justified so that proper evidence could be let in by framing proper issues, as such prayed to set aside the said observation and prayed for a direction to the court below to record the evidence in O.S.No.66/2018. 4 5. Perused the record and considered the submissions of the learned counsel. 6. A perusal of the record would show that, the petitioner herein filed O.S.No.5/2016 for permanent injunction and the respondent herein filed O.S.No.66/2018 for declaration of title and for recovery of damages before the very same court and to club the two suits, I.A.No.86/2023 was filed wherein the court below has observed ‘evidence be recorded in O.S.No.5/2016’ while allowing the said application. As rightly contended by the learned counsel for the petitioner, the O.S.No.66/2018 is a comprehensive suit wherein declaration of title has been sought, as such recording evidence in O.S.No.5/2016 is not proper. 7. It can be seen from the record that, notice sent to the respondent on two different occasions were returned with an endorsement ‘the respondent left India’ and other notices were returned with an endorsement that ‘no such addressee in the address’. Though the notices sent to the counsel for the respondent appearing before the court below were served, the respondent did not choose to put up the appearance. Even otherwise, the interim stay granted by this Court on 21.07.2023 which is in force, would be definitely within the knowledge of the respondent and inspite of that, the respondent did not choose to appear before this court in the present revision. 8. Taking into the consideration the facts and circumstances of the case and the reasons stated supra, this court is inclined to set aside the 5 observation made by the court below in the order dated 30.01.2023 in I.A.No.86/2023 with regard to ‘evidence be recorded in O.S.No.5/2016’. Accordingly, the CRP is allowed and the learned VII Addl District Judge-cum-IV Addl Metropolitan Sessions Judge, Vijayawada is directed to conduct joint trial of both the suits vide O.S.No.5/2016 & O.S.No.66/2018 and record the evidence in the comprehensive suit i.e, O.S.No.66/2018. No costs. Pending miscellaneous petitions, if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI,J BRS