APHC010473822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 306/2025 Between: Lakhimsetty Venkatrao ...PETITIONER AND Lakhimsetti Yedukondala Rao ...RESPONDENT Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent: 1. TRANS. CIVIL MISC.PETITION NO: 307/2025 Between: Lakhimsetty Venkata Krishna, ...PETITIONER AND Lakhimsetti Yedukondala Rao ...RESPONDENT Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent: 1. TRANS. CIVIL MISC.PETITION NO: 308/2025 Between: Lakhimsetty Venkatrao ...PETITIONER AND Lakhimsetti Yedukondala Rao ...RESPONDENT Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent: 1. The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION Nos.306, 307 and 308 of 2025 COMMON ORDER: When these matters were taken up for hearing on 24.10.2025, learned counsel for the petitioners has represented that the proof of service memo dated 10.10.2025, along with the postal track consignment sheet downloaded from the Postal Department Website is filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notice sent to the respondent by name Lakhimsetti Yedukondala Rao was served on him on 29.09.2025. Therefore, service held sufficient. None appeared for the respondent and the matter is posted for today under the caption “For Orders”. 2. The petitioners have filed all the three transfer civil miscellaneous petitions against the respondent by name Lakhimsetti Yedukondala Rao, under Section 24 of the Code of Civil Procedure, 1908, for seeking relief of withdrawal of O.S.No.98 of 2024, on the file of the IV Additional Junior Civil Judge at Vijayawada, O.S.No.97 of 2024, on the file of the III Additional Junior Civil Judge at Vijayawada and O.S.No.262 of 2023, on the file of the I Additional Senior Civil Judge at Vijayawada and to transfer the same to the II Additional Senior Civil Judge, Vijayawada at where I.P.No.81 of 2023 filed by one Lakhimsetti Venkat Rao is pending for adjudication. As the three (03) Transfer Petitions are filed against the same respondent by name Lakhimsetti Yedukondala Rao, therefore, these petitions are clubbed and a common order is being pronounced in the three (03) Transfer Petitions. 3. One Mr. Lakhimsetti Venkat Rao filed Tr.C.M.P.No.308 of 2025, seeking relief to withdraw O.S.No.262 of 2023, on the file of the I Additional Senior Civil Judge at Vijayawada and his sons have filed Tr.C.M.P.Nos.306 and 307 of 2025, seeking withdrawal of O.S.No.98 of 2024, on the file of the IV Additional Junior Civil Judge at Vijayawada and O.S.No.97 of 2024, on the file of the III Additional Junior Civil Judge at Vijayawada and transfer the same to the II Additional Senior Civil Judge, Vijayawada at where I.P.No.81 of 2023 filed by Mr. Lakhimsetti Venkat Rao is pending for adjudication. 4. Heard Sri A.Syam Sundar Reddy, learned counsel for the petitioners. Though the registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, service held sufficient. Perused the material available on record. 5. The material on record prima facie goes to show that one Mr. Lakhimsetti Venkat Rao has filed a suit in O.S.No.262 of 2023, on the file of the I Additional Senior Civil Judge at Vijayawada, against the respondent herein seeking for recovery of Rs.24,96,865/-. It is further pleaded that the respondent herein had filed a suit in O.S.No.97 of 2024, on the file of the III Additional Junior Civil Judge at Vijayawada, seeking for recovery of Rs.13,10,400/- and a suit in O.S.No.98 of 2024, on the file of the IV Additional Junior Civil Judge at Vijayawada, seeking for recovery of Rs.10,40,000/- is filed against the sons of Mr.Lakhimsetti Venkat Rao. As such, the petitioners herein have filed the present transfer civil miscellaneous petitions seeking to withdraw the aforesaid three suits from the competent Courts at Vijayawada and transfer the same to the II Additional Senior Civil Judge at Vijayawada at where I.P.No.81 of 2023 filed by Mr. Lakhimsetti Venkat Rao is pending for adjudication. 6. The contention of the petitioners in all the three transfer (03) petitions is that after filing the suit in O.S.No.262 of 2025, on the file of the I Additional Senior Civil Judge at Vijayawada, the respondent herein had executed a Gift Deed vide Doc.No.6979 of 2023, dated 14.11.2023, on the file of the Joint Sub-Registrar, Nunna, in favour of his wife and as such Mr. Lakhimsetti Venkat Rao has filed I.P.No.81 of 2023 before the II Additional Senior Civil Judge, Vijayawada. Later, the respondent herein had filed a suit in O.S.No.97 of 2024, on the file of the III Additional Junior Civil Judge at Vijayawada and another suit in O.S.No.98 of 2024, on the file of the IV Additional Junior Civil Judge at Vijayawada against the sons of Mr. Lakhimsetti Venkat Rao. 7. The contention of the petitioners in all the three (03) petitions is that the cause of action of the proceedings is one and the same, the witnesses of both the parties are also one and the same and the documentary evidence that would be adduced by both the parties in all the four (04) proceedings i.e., the aforementioned three suits along with I.P.No.81 of 2023 are one and the same and that the petitioners herein are seeking to transfer all the aforesaid three suits to the II Additional Senior Civil Judge, Vijayawada, at where the I.P.No.81 of 2023 proceedings are pending against the respondent herein. 8. As stated supra, though the registered notice sent to the respondent was received by him in all the three (03) transfer civil miscellaneous petitions, he has not raised any objections for transfer of the said three (03) suits viz., O.S.No.98 of 2024, on the file of the IV Additional Junior Civil Judge at Vijayawada, O.S.No.97 of 2024, on the file of the III Additional Junior Civil Judge at Vijayawada and O.S.No.262 of 2023, on the file of the I Additional Senior Civil Judge at Vijayawada, to one Court i.e., the II Additional Senior Civil Judge Court at Vijayawada at where I.P.No.81 of 2023 is pending. In fact, all the Courts including the transferee Court are situated within the same compound of Court complex at Vijayawada, in case, if all the aforesaid three (03) similar nature of suits are withdrawn from the competent Courts at Vijayawada and transferred to the II Additional Senior Civil Judge at Vijayawada, at where I.P.No.81 of 2023 is pending for adjudication, no prejudice would be caused to the respondent herein and as well as there would be no hardship to the parties. 9. The request sought by the petitioners herein is that the transferee Court has to club all the three (03) suits with I.P.No.81 of 2023, enabling the parties to club all the proceedings and commence a joint trial. “Whether all the aforesaid three (03) suits have to be clubbed with the proceedings in I.P.No.81 of 2023 or an independent trial has to be conducted in each matter, it has to be decided by the transferee Court/ the II Additional Senior Civil Judge at Vijayawada, but the same cannot be determined in the present Transfer Civil Miscellaneous Petitions pending before this Court”. With these observations, this Court feels it appropriate to allow all the three (03) transfer civil miscellaneous petitions. 10. In the result, all the three (03) transfer civil miscellaneous petitions are allowed and the suits in O.S.No.98 of 2024, on the file of the IV Additional Junior Civil Judge at Vijayawada, O.S.No.97 of 2024, on the file of the III Additional Junior Civil Judge at Vijayawada and O.S.No.262 of 2023, on the file of the I Additional Senior Civil Judge at Vijayawada are hereby withdrawn and transferred to the II Additional Senior Civil Judge at Vijayawada. 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: 27.10.2025 SRT 03 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION Nos.306, 307 & 308 of 2025 Dt. 27.10.2025 SRT