APHC010700592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 423/2025 Between: 1. S. LAKSHMI REDDY, S/O. VEERA REDDY, AGED 49 YEARS, RIO. H.NO.80-81 D, UPSTAIRS, ADITYA NAGAR, KAFUR, KURNOOL CITY ...PETITIONER AND 1. MADAR SAB DIED, (DIED) 2. S MOHD YAKUB, S/O. LATE MADAR SAB, AGED ABOUT 60 YEARS, BUSINESS, R/O. H.NO 72-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT 3. S GAFFAR, S/O LATE MADAR SAB, .AGED ABOUT 58 YEARS, BUSINESS, R/O. H.NO12-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT 4. S BASHEER, S/O. LATE MADAR SAB, AGED ABOUT 56 YEARS, BUSINESS, R/O'. H.NO.72-1 1 9A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT 5. S ABDULLAH, , S/O. LATE MADAR . SAB, AGED ABOUT 54 YEARS, BUSINESS, R/O., H.NO.72-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT 6. S SAMAD, S/O. LATE MADAR SAB, AGED ABOUT 52 YEARS, BUSINESS, R/O. H.NO.72-119A-1, OLD KALLUR, KALLUR MANDAL KURNOOL DISTRICT 7. S BASHEER S RASHEED, , S/O. LATE MADAR SAB, AGED ABOUT 50 YEARS, BUSINESS, R/O. H.NO.72-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT 8. SMT S RABIA BEE, W/O. LATE S. ABDUL GAFFAR, AGED 50 YEARS, HOUSEWIFE, RIO. H.NO.75/68, BHIMESWARA SWAMI TEMPLE, KALLUR, KURNOOL 9. S MALAN BEE, , W/O. S. SHALL SAHEB, AGED 37 YEARS, HOUSEWIFE, R/O. H.NO75/7.0-A, KALLUR, KURNOOL 10. S SHAIK AYESHA BEE, , D/O. LATE S ABDUL GAFFAR, AGED 35 YEARS, R/O. H.NO.75/68, BHIMESWARA SWAMI TEMPLE, KALLUR, KURNOOL ...RESPONDENT(S): Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw O.S.No656 of 2017 on the file of II Additional Junior Civil Judge, Kurnool and transfer the same to the Court of the I Additional District Judge, Kurnool to try along with O.S.No.62 of 2021 on the file of I Additional District Judge, Kurnool, in the interest of justice. Otherwise, I will be put to irreparable loss and hardship 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 pleased to stay the proceedings in O.S.No.62 of 2021 on the file of Principal District Judge, Kurnool filed by the respondents herein against me seeking the relief of declaration of title and for delivery of possession of the suit schedule property consisting of agricultural land admeasuring a total extent of Ac.2.56 cents spread in Sy.No.195/1C to an extent of Ac. 1.91 cents and in Sy.No.195/2B to an extent of Ac.0.65 cents situated in Kallur within the limits of Sub-Registration of Kallur and Registration District of Kurnool as per Regd. Sale Deed dt.11.05.1973, since there will be conflicting decisions passed by the courts without being heard together pertaining to the same survey numbers and the lis pending among the same parties, in the interest of justice, pending disposal of the Tr.C.M.P., Otherwise, the petitioner will be put to irreparable loss and hardship. Counsel for the Petitioner: 1. POPURI LAKSHMI PRIYANVITA Counsel for the Respondent(S): 1. SRINIVASA RAO G CH 2. The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.423 of 2025 ORDER: The present transfer application is filed by the petitioner for seeking transfer of O.S.No.656 of 2017 on the file of the learned II Additional Junior Civil Judge, Kurnool and transfer the same to the file of the learned I Additional District Judge, Kurnool to try along with O.S.No.62 of 2021 on the file of the learned I Additional District Judge, Kurnool. 2. The petitioner herein has filed the suit in O.S.No.656 of 2017 on the file of the learned II Additional Junior Civil Judge, Kurnool seeking for the relief of specific performance of an agreement of sale. The respondents herein filed the suit in O.S.No.62 of 2021 on the file of the learned I Additional District Judge, Kurnool seeking the relief of declaration of title and for delivery of possession of the suit schedule land. The suit filed by the respondents viz., O.S.No.62 of 2021, is a comprehensive suit. 3. The contention of the petitioner herein is that trial in both the suits has not commenced, and the subject matter of the property in both the suits is one and the same, and to avoid conflicting decisions, it is necessary to withdraw the suit of the petitioner on the file of the learned II Additional Junior Civil Judge, Kurnool and it may be transferred to the file of the learned I Additional District Judge, Kurnool, where O.S.No.62 of 2021 is pending. 4. Though, several opportunities were accorded to the respondents to file a counter-affidavit, the respondents did not file the same. The necessity for transfer of suit from one Court to another would arise if only there exists any similarity of cause of action or commonality of the parties. 5. Under Section 24 of the Code of Civil Procedure, 1908, this Court is conferred with comprehensive power to transfer suits, appeals, and other proceedings at any stage, either on the application of any party or suo motu. It cannot be gainsaid that the power to transfer a case must be exercised with due care, caution, and circumspection. 6. The suit filed by the petitioner is for the relief of specific performance of an agreement of sale, whereas the suit filed by the respondents herein is for seeking the relief of declaration of their title and for delivery of possession. The subject matter of the property involved in both the suits is one and the same, and the parties in both the suits are also one and the same; however, the reliefs sought are quite different. Admittedly, both the suits are pending for trial, and the trial has not yet commenced. As noticed supra, since the parties in both the suits are one and the same and the nature of the property is also identical, and as the suit filed by the respondents, i.e., O.S. No. 62 of 2021, is a comprehensive suit, viz., one for declaration of title and for delivery of possession, if the suit in O.S. No. 656 of 2017 on the file of the learned II Additional Junior Civil Judge, Kurnool, is withdrawn and transferred to the file of the learned I Additional District Judge, Kurnool, where the comprehensive suit is pending, the issues in both the suits can be resolved once and for all, and no prejudice would be caused to the respondents. 7. For the aforesaid reasons, this Court is of the considered view that it is desirable to withdraw O.S. No. 656 of 2017 from the file of the learned II Additional Junior Civil Judge, Kurnool and transfer the same to the file of the learned I Additional District Judge, Kurnool. 8. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and O.S. No. 656 of 2017, on the file of the learned II Additional Junior Civil Judge, Kurnool, is withdrawn and transferred to the file of the learned I Additional District Judge, Kurnool. The learned II Additional Junior Civil Judge, Kurnool, shall transmit the case record in O.S. No. 656 of 2017 to the Court of the learned I Additional District Judge, Kurnool, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 09.04.2026 JLSR 171 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.423 of 2025 Date: 09.04.2026 JLSR