THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.12 of 2026 ORDER: Today when the matter is taken up for hearing, Sri V.Roopesh Kumar Reddy, learned counsel for the petitioners has represented that the proof of service memo dated 30.01.2026, 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 24.01.2026. Therefore, service held sufficient. None appeared for the respondent. 2. The petitioners filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw O.S.No.218 of 2024, on the file of the learned I Additional Junior Civil Judge, Nellore and transfer the same to the file of the learned Principal Junior Civil Judge, Nellore, to trial along with O.S.No.900 of 2024, for conducting joint trial. 3. The case of the petitioners in brief is as follows: I. The petitioners submits that the respondent filed the suit in O.S. No.218 of 2024, on the file of the learned I Additional Junior Civil Judge, Nellore, against the petitioners for recovery of arrears of rent and for their eviction from the plaint schedule property, which is being contested by the petitioners by filing their written statement, and the 2 respondent also filed a another suit for recovery of money in O.S. No.900 of 2024, on the file of the learned Principal Junior Civil Judge, Nellore, against the 2nd petitioner, based on a promissory note allegedly executed by the 2nd petitioner in favour of the respondent, to which the petitioners filed a written statement contending that the said promissory note was not supported by consideration and that it was related to a promissory agreement of sale-cum-general power of attorney dated 07.06.2022, executed by the 1st petitioner in favour of the respondent, and that the same was filed by the respondent in collusion with the attestors thereto, despite the financial incapacity of the respondent to lend such a huge amount. II. The petitioners further submits that in both the suits, the issues, as arising from the pleadings of the petitioners as defendants therein, are one and the same, and if the suits are tried by two different Courts, there is every possibility of conflicting judgments; hence, it is just and necessary to transfer both the suits to one Court for disposal in accordance with law. The petitioners are therefore constrained to file the present transfer petition against the respondent seeking to transfer O.S.No.218 of 2024, on the file of the learned I Additional Junior Civil Judge, Nellore, to the file of the learned Principal Junior Civil Judge, Nellore, for conducting joint trial. 3 4. Heard Sri V.Roopesh Kumar Reddy, learned counsel for the petitioners. 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. 5. As can be seen from the material available on record, the suit in O.S. No.218 of 2024, on the file of the I Additional Junior Civil Judge, Nellore, is filed by the respondent herein against the petitioners for recovery of arrears of rent and for their eviction from the plaint schedule property, and the respondent herein also filed O.S. No.900 of 2024, on the file of the learned Principal Junior Civil Judge, Nellore, against the 2nd petitioner. It is not in dispute that both the suits in O.S. Nos.218 of 2024 and 900 of 2024 are pending for adjudication at Nellore in different Courts but within the same Court compound. 6. 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: 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; 1 (2008) 3 SCC 659 4 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. 7. The law is well settled that necessity or occasion to transfer a case from one Court to another would arise only if there exists any similarity of cause of action or commonality of the parties. 8. Though notice was served on the respondent, no resistance was made by the respondent for transferring the O.S.No.218 of 2024, on the file of the learned I Additional Junior Civil Judge, Nellore, to the file of the learned Principal Junior Civil Judge, Nellore, where both the Courts are situated at the same compound. 9. On considering the submissions made by the learned counsel for the petitioners and on considering facts and circumstances of present case, this Court is of the considered view that there are grounds to consider the request of the petitioner to transfer O.S.No.218 of 2024, on the file of the learned I Additional Junior Civil Judge, Nellore, to the file of the learned Principal Junior Civil Judge, Nellore. 5 10. In the result, the present petition is allowed and O.S.No.218 of 2024, on the file of the learned I Additional Junior Civil Judge, Nellore, is hereby withdrawn and transferred to the to the file of the learned Principal Junior Civil Judge, Nellore. The learned I Additional Junior Civil Judge, Nellore, shall transmit the case record in O.S.No.218 of 2024 to the learned Principal Junior Civil Judge, Nellore, 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: 30.01.2026 MH 6 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO 17 TRANSFER CIVIL MISCELLANEOUS PETITION No.12 of 2026 Dt. 30.01.2026 MH