APHC010515632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 395/2024 Between: 1. VEDALA ANTARVEDI @ ANTARVEDI NARASIMHACHARYULU, S/O. LATE RAMANUJACHARYULU, AGED ABOUT 75 YEARS, CULTIVATION, PEDDAVARAM, NAGARAM MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. GUDIMELLA TIRUMALA SRI RANGA RAJYA LAKSHMI, W/o. Tirunnala Lakshmi Narasimhacharyulu aged about 77 years, Near Gayatri Temple Gayatri Nagar, Guntur, Guntur District ...RESPONDENT 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 to please to withdraw O.S. No.32 of 2012 pending on the file of the court of the Principal Junior Civil Judge, Repalle, and transfer the same to the court of Senior be tried along with O.S.No.89 of 2010,Civil Judge, Repalle, to O.S.No.147 of 2012, O.S.No.148 of 2012, O.S.No.150 of 2012 pending on its file in the interest of justice and pass IA NO: 1 OF 2024 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 proceedings in O.S.No.32 of 2012 pending on the file of the court of the Principal Junior Civil Judge, Repalle, in the interest of justice, and pass Counsel for the Petitioner: 1. SIVALENKA RAMACHANDRA PRASAD Counsel for the Respondent: 1. The Court made the following: HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO ORDER: The petitioner herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking for withdrawal of O.S.No.32 of 2012, which is pending on the file of the Principal Junior Civil Judge, Repalle and transfer the same to the Senior Civil Judge, Repalle, to be tried along with O.S.No.89 of 2010, O.S.No.147 of 2012, O.S.No.148 of 2012 and O.S.No.150 of 2012, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner contended that one Smt. Nanduri Vijaya Lakshmi instituted O.S.No.89 of 2012 on the file of the Court of the Senior Civil Judge, Repalle, against the petitioner and three others, seeking the relief of partition and separate possession, which is presently pending for adjudication. The petitioner further submitted that he instituted O.S.No.32 of 2012 on the file of the Court of the Principal Junior Civil Judge, Repalle, against the respondent herein, praying for a decree of permanent injunction. II. The petitioner also averred that he filed O.S.No.191 of 2012 before the Court of the Principal Junior Civil Judge, Repalle, against Smt. Nanduri Vijaya Lakshmi and Addanki Ramudu, seeking the relief of declaration of title and recovery of possession. Additionally, he filed O.S.No.147 of 2012 before the Court of the Senior Civil Judge, Repalle, against Gudimella Rama Krishna and two others, seeking for declaration of title and recovery of possession, along with a consequential declaration that the Registered Gift Deed dated 17.07.2009 as null and void. III. The petitioner further represented that he instituted O.S.No.148 of 2012 on the file of the Senior Civil Judge, Repalle, against Komati Lakshmi Andal Sai Rani and Inkollu Srinivas, seeking for declaration of title and recovery of possession, together with a consequential declaration that the Registered Sale Deed dated 02.07.2009 as null and void. IV. He further submitted that he also instituted O.S.No.150 of 2012 on the file of the Senior Civil Judge, Repalle, against Nanduri Vijaya Lakshmi and Inkollu Srinivasa Trilochan, seeking for declaration of title and recovery of possession in respect of the suit schedule agricultural land situated at Peddavaram Village, Bhattiprolu Mandal, Guntur District. V. The petitioner further averred that six (6) suits are presently pending for adjudication between the petitioner herein and certain other parties, including the respondent herein, wherein the subject matter pertains exclusively to agricultural landed property, and the issues involved in all the said suits are substantially similar in nature. Hence, the petitioner is constrained to invoke the jurisdiction of this Court by filing the present petition. 3. Heard Sri Sivalenka Ramachadra Prasad, learned counsel for the petitioner. 4. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. 5. The material available on record prima facie indicates that six (6) suits are pending between the petitioner herein and certain other parties, including the respondent herein. It further reveals that four (4) of the said suits are pending on the file of the Court of the Senior Civil Judge, Repalle, while the remaining two (2) suits are pending before the Court of the Junior Civil Judge, Repalle, the subject matter of the property involved in all the said suits is one and the same. 6. Therefore, in order to avoid conflict of decisions, this Court is of the considered opinion that there exist justifiable grounds to allow the request of the petitioner for withdrawal of O.S. No.32 of 2012, which is pending on the file of the Court of the Principal Junior Civil Judge, Repalle. 7. In the result, the Transfer Civil Miscellaneous Petition is allowed and the O.S.No.32 of 2012, which is pending on the file of the Principal Junior Civil Judge, Repalle, is hereby withdrawn and transferred to the Senior Civil Judge, Repalle. The Principal Junior Civil Judge, Repalle, shall transmit the case record in O.S.No.32 of 2012, to the Senior Civil Judge, Repalle, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the 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: 27.06.2025 CVD