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2025 DAILYLAW 33936 (AP)

VEDALA ANTARVEDI @ ANTARVEDI NARASIMHACHARYULU v. NANDURI VIJAYA LAKSHMI

TRCMP/393/2024 · 2025-06-26

Venuthurumalli Gopala Krishna Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f APHC010515612024 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE V.GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 393 OF 2024 Between: Vedala Antarvedi @ Antarvedi Narasimhacharyulu, S/o. Late Ramanujacharyulu, aged about 75 years, Cultivation, Peddavaram, Nagaram Mandal, Guntur District. ...Petitioner/Plaintiff AND 1. Nanduri Vijaya Lakshmi, W/o. Ramanujacharyulu aged about 73 years R/o. G-4, Maruthi Apartments Veeraiah Veedhi, Vijayawada, NTR District. 2. Addanki Ramudu, S/o. Sameru aged 64 years. Cultivation, R/o. Peddavaram Village, Nagaram Mandal, Guntur District. ...Respondents/Defendants Petition Under Section 24 of the C.P.C. Praying that in the circumstances state^^ in the affidavit filed therewith, the High Court may be pleased to withdraw O.S.No.191 of 2012 pending on the file of the court of the Principal Junior Civil Judge, Repalle, and transfer the same to the Senior Civil Judge, A %» Repalle, to be tried along with O.S.No.89 of 2010,O.S.No.147 of 2012 O.S.No.148 of 2012, O.S.No.150 of 2012 pending on its file. lA 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.191 of 2012 pending on the file of the court of the Principal Junior Civil Judge, Repalle. Counsel for the Petitioner: SRI SIVALENKA RAMACHANDRA PRASAD Counsel for the Respondent: SRI DHARANI KUMAR B The Court made the following Order: V % 1 % THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.393 of 2024 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.191 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 Respondent No.1, Smt. Nanduri Vijaya Lakshmi, filed O.S.No.89 of 2012, on the file of the Senior Civil Judge, Repalle, against the petitioner herein and three others, seeking the relief of partition and separate possession. The said suit is pending for adjudication. The petitioner further stated that he had filed O.S.No.32 of 2012 on the II. file of the Principal Junior Civil Judge, Repalle, against the respondent herein, seeking the relief of permanent injunction. It is also submitted that the petitioner herein filed O.S.No.191 of 2012 before the Principal Junior Civil Judge, Repalle, against Smt. Nanduri Vijaya Lakshmi and Sri Addanki Ramudu, seeking the relief of \ depletion of title and recovery of possession. 0 V6KR, J Tr.C.M.P.No.393 of 2024 Dated 27.06.2025 2 IV. In addition, the petitioner also filed O.S.No.147 of 2012 before the Senior Civil Judge, Repalle, against Sri Gudimella Rama Krishna and two others, seeking a declaration of title and recovery of possession, along with consequential relief of declaring the Registered Gift Deed dated 17.07.2009 as null and void. V. The petitioner further submitted that he filed O.S.No.148 of 2012 on the file of the Senior Civil Judge, Repalle, against Smt. Komati Lakshmi Andal Sai Rani and Sri Inkollu Srinivas, seeking for declaration of title and recovery of possession, along with consequential relief of declaring the Registered Sale Deed dated 02.07.2009 as null and void. The petitioner further pleaded that he filed O.S.No.150 of 2012 on the file of the Senior Civil Judge, Repalle, against Smt. Nanduri Vijaya Lakshmi and Sri 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. The petitioner further pleaded that, total there are six (6) suits are pending which including the petitioner herein and some other parties and also the respondent herein and four (4) other suits are pending before the Senior Civil Judge, Repalle and two (2) other suits are pending before the Principal Junior Civil Judge, Repalle. VI. VII. 4. VGKR, J Tr.C.M.P.No.393 of 2024 Dated 27.06.2025 3 The petitioner further pleaded that those six (6) suits are presently pending between the petitioner and certain other parties, including the respondent herein, the subject matter in all these suits pertains to agricultural landed property, and the issues involved are similar in nature. Therefore, the petitioner herein is constrained to file the present petition. Heard Sri Sivalenka Ramachadra Prasad, learned counsel for the petitioner and Sri B. Dharani Kumar, learned counsel for the respondent No.1. 3. 4. 5. Though registered notice sent to the respondent No.2 was served on him, none appeared for the respondent No.2. Therefore, ‘service held sufficient’. 6. When the matter has been taken up for hearing, learned counsel for the respondent No.1, fairly represented that he has no objection to transfer the present matter from the file of the Principal Junior Civil Judge, Repalle, to the Seqior Civil Judge, Repalle. The material available on record prima facie shows 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 these suits are pending on the file of the Senior Civil Judge, Repalle, and the remaining two (2) suits are 7. pending before the Principal Junior Civil Judge, Repalle, the subject matter of the property involved in all the suits is one and the same. * VGKR, J Tr.C.M.P.No.393 of 2024 Dated 27.06.2025 4 8. Therefore, in order to avoid conflict of decisions, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner herein seeking for withdrawal of O.S.No.191 of 2012, which is pending on the file of the Principal Junior Civil Judge, Repalle, and for transfer the same to the Court of the Senior Civil Judge, Repalle In the result, the Transfer Civil Miscellaneous Petition is allowed and the O.S.No.191 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.191 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. 9. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To 1. The Principal Civil Judge(Junior Division), Repalle, Guntur District 2. The Civil Judge(Senior Division), Repalle, Guntur District 3. One CC to Sri. Sivalenka Ramachandra Prasad Advocate [OPUC] 4. One CC to Sri. Dharani Kumar B Advocate [OPUC] 5. Two CD Copies Stu f HIGH COURT \ DATED:27/06/2025 ORDER TRCMP No. 393/2024 >, 's ALLOWING THE TR.CMP