THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.407 of 2025 ORDER: Today when the matter is taken up for hearing, Sri V.V.Satish, learned counsel for the petitioner has represented that the proof of service memo dated 19.01.2026, along with the postal track consignment sheet 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 was served on him on 26.12.2025. Therefore, service held sufficient. None appeared for the respondent. 2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to transfer O.S.No.12 of 2023, on the file of the Senior Civil Judge, at VIzianagaram to the VII Additional District Judge Court, Vijayawada, Krishna District, for conducting joint trial. 3. The case of the petitioner in brief is as follows: I. The petitioner is the resident of Konuru Village, Garividi Mandal, Vizianagaram District and was elected as MPTC in his village in the year 2014. Thereafter, the petitioner stood as a mediator to Mr. Meesala Raja Gopal Naidu, who purchased lands in their area and subsequently, disputes arose between both of them as some of the lands purchased by Meesala Raja Gopal Naidu are found to be D-Form Pattas and thus he demanded recovery of amounts from the ryots and has taken promissory notes with a date 13.03.2020, and also the 2 signature of the petitioner at Konuru Village for a total amount of Rs.45,00,000/. The petitioner pleaded that he recovered Rs.32,00,000/- and paid the same to Meesala Raja Gopal Naidu, but, the said Meesala Raja Gopal Naidu demanded the petitioner for more amount with interest. II. The petitioner pleaded that the said Meesala Raja Gopal Naidu, with a view to harass the petitioner, filed nine civil suits in various Courts at various districts through his close associates. The petitioner further pleaded that the plaintiffs in all the above civil suits sought for recovery of money on the basis of promissory note alleged to have been executed by the petitioner on 13.03.2020, and in all the promissory notes in the aforesaid nine (09) civil suits, the attestors and scribe are common and the scribe and the attestors have also filed civil suits. The petitioner pleaded that the said civil suits are filed in different places only to harass him to move around the Courts in various districts and as the cause of action, the petitioner’s defence, the issue and the evidence to be lead in all the civil suits is common, the petitioner is constrained to file the present transfer petition against the respondent seeking to transfer O.S.No.12 of 2023, on the file of the Senior Civil Judge, at VIzianagaram to the VII Additional District Judge Court, Vijayawada, Krishna District, for conducting joint trial. 4. Heard Sri V.V.Satish, learned counsel for the petitioner. Though 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. 3 5. The contention of the petitioner is that the suit in O.S.No.12 of 2023, on the file of the Senior Civil Judge, at Vizianagaram and other eight (08) connected suits are filed in various Courts for recovery of money based on the promissory notes dated 13.03.2020, at the instance of one Mr. Meesala Raja Gopal Naidu and in all the said cases, his defence is common and due to that all the suits have to be dispose of by the same Court to avoid the conflict of decisions. The petitioner herein approached this Court by filing a Transfer Civil Miscellaneous Petitions for seeking transfer of the other suits to the VII Additional District Judge Court, Vijayawada, at where the case in O.S.No.29 of 2023 is pending. The said batch of the transfer civil miscellaneous petitions were allowed by this Court vide its common order dated 01.07.2024. 6. The contention of the petitioner is that all the suits have to be dispose of by the same Court to consider his defence raised in the written statement filed in all the aforesaid suits since the date of promissory notes in all the aforesaid suits is 13.03.2020. The law is well settled that “Necessity for transfer of suits from one Court to another would arise if only there exists any similarity of cause of action or commonality of the parties. When such situation does not exist, the relief claimed for the transfer of suit, cannot be granted”. 7. In a case of Kulwinder Kaur @ Kulwinder Gurcharan Singh vs. Kandi Friends Education Trust and Others1, the Apex Court held that the following factors have to be taken into consideration in a situation in which it is the duty of the Court to transfer the case: 1 (2008) 3 SCC 659 4 I. balance of convenience or inconvenience to the plaintuff or defendant or witnesses; II. convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; III. issues raised by the parties; IV. reasonable apprehension in the mind of the litigant that he might not get justice in the Court in which the suit is pending; V. important questions of law involved or a considerable section of public interested in the litigation; VI. “interest of justice” demanding for transfer of suit appeal or other proceeding, etc. The Hon’ble Apex Court observed that the above factors are illustrative in nature and by no means be treated as exhaustive. 8. The contention of petitioner is that all the other eight (08) connected suits are pending against the petitioner herein before the VII Additional District Judge Court, Vijayawada, and the date of all the promissory notes in all the aforesaid eight (08) suits including the present suit are dated 31.03.2020 and the defence of the petitioner in all the nine (09) suits are one and the same. Though notice was served on the respondent, no resistance is made by the respondent for transferring the case in O.S.No.12 of 2023, to the VII Additional District Judge Court, Vijayawada, at where all the eight (08) other similar civil suits are pending and the nature of the said eight (08) suits and the present suit are one and same and the date of the promissory notes in all the aforesaid eight (08) suits and the present suit is one and the same and the defence of the petitioner in all the eight (08) suits and the present suit is one and the same. 5 9. For the aforesaid reasons, this Court is of the considered view that there are grounds to consider the request of the petitioner to transfer O.S.No.12 of 2023, on the file of the Senior Civil Judge, at VIzianagaram to the VII Additional District Judge Court, Vijayawada, Krishna District. 10. In the result, the present petition is allowed and O.S.No.12 of 2023, on the file of the Senior Civil Judge, at VIzianagaram, is hereby withdrawn and transferred to the VII Additional District Judge Court, Vijayawada, Krishna District. The Senior Civil Judge, at VIzianagaram, shall transmit the case record in O.S.No.12 of 2023 to the VII Additional District Judge Court, Vijayawada, Krishna District, 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: 29.01.2026 SRT 6 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.407 of 2025 Dt. 29.01.2026 SRT