Extracted from the PDF above. The PDF is authoritative.
APHC010642362023
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION Between:
1. BOMMU SIVAREDDY, S/O. LATE PANAKALA REDDY, AGED ABOUT 54 YEARS, R/O.KAZA VILLAGE, MANGALAGIRI MANDAL, MANGALAGIRI J.C.J.C.
2. BOMMU SANKARA REDDY,, S/O.SIVAA REDDY, AGED ABOUT 33 YEARS, R/ O.KAZA VILLAGE,
MANGALAGIRI MANGALAGIRI J.C.J.C.
3. EEDA PRABHAKARA REDDY,, S/O.SAMBI REDDY, AGED ABOUT 55 YEARS, R/O.FLAT NO. FF 6, MALIKA ENCLAVE, BYPASS ROAD, TADEPALLI VILLAGE, GUNTUR DISTRICT, MANGALAGIRI J.C.J.C.
1. BIMAVARAPU NAGESWARAMMA, AGED ABOUT 68 YEARS, R/O. D.NO.3 PANCHAYAT, MANGALAGIRI MANDAL, MANGALAGIRI J.C.J.C.
2. BHIMAVARAPU VENKATA SIVA REDDY, S/O.LATE LAKSHMA REDDY, AGED ABOUT 48 YEARS, R/O. D.NO.3 AND PANCHAYAT, MANGALAGIRI MANDAL, MANGALAGIRI J.C.J.C.
3. BHIMAVARAPU SRINIVASA REDDY, S/O. LATE LAKSHMA REDDY,
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 3362/2023 BOMMU SIVAREDDY, S/O. LATE PANAKALA REDDY, AGED ABOUT 54 YEARS, R/O.KAZA VILLAGE, MANGALAGIRI MANDAL, MANGALAGIRI J.C.J.C.
BOMMU SANKARA REDDY,, S/O.SIVAA REDDY, AGED ABOUT 33 YEARS, R/ O.KAZA VILLAGE,
MANGALAGIRI MANGALAGIRI J.C.J.C.
EEDA PRABHAKARA REDDY,, S/O.SAMBI REDDY, AGED ABOUT 55 YEARS, R/O.FLAT NO. FF 6, MALIKA ENCLAVE, BYPASS ROAD, TADEPALLI VILLAGE, GUNTUR DISTRICT, MANGALAGIRI J.C.J.C. ...PETITIONER(S) AND BIMAVARAPU NAGESWARAMMA, W/O .LATE LAKSHMA REDDY, AGED ABOUT 68 YEARS, R/O. D.NO.3-65, KAZA VILLAGE AND PANCHAYAT, MANGALAGIRI MANDAL, MANGALAGIRI J.C.J.C.
BHIMAVARAPU VENKATA SIVA REDDY, S/O.LATE LAKSHMA REDDY, AGED ABOUT 48 YEARS, R/O. D.NO.3-65, KAZA VILLAGE YAT, MANGALAGIRI MANDAL, MANGALAGIRI BHIMAVARAPU SRINIVASA REDDY, S/O. LATE LAKSHMA REDDY, RC,J CRP No.3362 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
BOMMU SIVAREDDY, S/O. LATE PANAKALA REDDY, AGED ABOUT 54 YEARS, R/O.KAZA VILLAGE, MANGALAGIRI MANDAL, BOMMU SANKARA REDDY,, S/O.SIVAA REDDY, AGED ABOUT 33 YEARS, R/ O.KAZA VILLAGE,
MANGALAGIRI MANDAL, EEDA PRABHAKARA REDDY,, S/O.SAMBI REDDY, AGED ABOUT 55 YEARS, R/O.FLAT NO.
FF 6, MALIKA ENCLAVE, BYPASS ROAD, TADEPALLI VILLAGE, GUNTUR DISTRICT, MANGALAGIRI J.C.J.C. ...PETITIONER(S) W/O .LATE LAKSHMA REDDY, 65, KAZA VILLAGE AND PANCHAYAT, MANGALAGIRI MANDAL, MANGALAGIRI J.C.J.C.
BHIMAVARAPU VENKATA SIVA REDDY, S/O.LATE LAKSHMA 65, KAZA VILLAGE YAT, MANGALAGIRI MANDAL, MANGALAGIRI BHIMAVARAPU SRINIVASA REDDY, S/O. LATE LAKSHMA REDDY,
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AGED ABOUT 48 YEARS, R/OD.NO.3-65, KAZA VILLAGE AND PANCHAYAT, MANGALAGIRI MANDAL, MANGALAGIRI J.C.J.C
...RESPONDENT(S): 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 toAggrieved by the orders dated 22/08/2023 passed by the Court of Prl, District Judge, Guntur, in T.O.P. No.399 of 2023, the Petitioners beg to submit the present Revision Petition on the following grounds amongst other 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 pleased to stay all further proceedings in O.S. No.281 of 2016 on the file of III Addl. District Judge, Guntur, and pass Counsel for the Petitioner(S):
1. P S P SURESH KUMAR Counsel for the Respondent(S):
1. K H V SIVA KUMAR The Court made the following:
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ORDER
This Civil Revision Petition has been filed questioning the legality and correctness of the order dated 22.08.2023 passed by the learned Principal District Judge, Guntur in Transfer O.P.No.399 of 2023. 2. The respondents, who were the defendants of the suit vide O.S.No.281 of 2016 pending on the file of the Court of the learned III Additional District Judge, Guntur filed petition vide TOP No.399 of 2023 under Section 24 of the Code of Civil Procedure seeking to transfer the said suit along with O.S.No.8/2020 clubbed with it to any other competent court, contending that there are no fair chances for the petitioner to get justice if the cases were to be heard and decided by the learned Judge. The petitioners resisted the claim contending that the petitioners are accustomed to delay the proceedings and the petition is nothing but a design to further delay the suit proceedings. The learned Principal District Judge, Guntur allowed the said petition transferring O.S.No.281 of 2016 along with O.S.No.8 of 2020 to the Court of the XIII Additional District Judge, Narasaraopet. 3.
Heard Sri P.S.P.Suresh Kumar, learned counsel for the petitioners, and Sri K.H.V.Siva Kumar, learned counsel for respondents. 4. Sri P.S.P.Suresh Kumar, learned counsel for the petitioners, while reiterating the contents of the counter filed in TOP and also the grounds of
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revision would contend that the learned District Judge having observed that allegations made against the officer do not merit consideration and that allowing petitions filed for transfer of cases would encourage the persons to file similar sort of petitions whenever faced with an adverse order, ought not have allowed the petition. He would further contend that transferring the suits to a faraway place would cause hardship to the petitioners in effectively pursuing the case. Accordingly, prayed to allow the Civil Revision Petition. 5. Sri K.H.V.Siva Kumar, learned counsel for respondents, submitted that now the Presiding Officer has changed and therefore, the respondents have no objection to allow the Civil Revision Petition and retransfer the cases to the file of the learned III Additional District Court, Guntur. 6. The suits were transferred on the allegation made by respondents that they would not get justice if the cases were decided by the learned Judge. The learned Principal District Judge, Guntur though rightly held that the allegations made are baseless, transferred the matters, which is not tenable. 7. Be that at it may, in view of the submissions made by learned counsel for parties, this Civil Revision Petition is allowed. Re-transfer O.S.No.281 of 2016 along with O.S.No.8 of 2020 to the file of the Court of the
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learned III Additional District Judge, Guntur. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 23RD February, 2026. RR