Date of reserved for orders: 22.06.2026 Date of pronouncement : 30.06.2026 Date of uploading : 30.06.2026 APHC010078362023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NO: 429/2023 Between: 1. NERUSU CHINTAIAH, S/O.VENKATA RAMAIAH, AGED ABOUT 71 YEARS, R/O.D.NO.4-25, PUNADIPADU VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. BOBBA SIVA PRAKASH, S/o.Seetaramaiah, aged about 57 years, R/o. Plot No.14, Road No.2, Bharathinagar,Vijayawada-520 008, Krishna District. ...RESPONDENT 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 to aggrieved by the Order dated 25-01-2023 in I.A.No.1040 of 2022 in O.S.No.239 of 2021 on the file of the court o the VII Additional Senior Civil Judge at Vijayawada, Krishna District, 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 to dispense with the certified copy of Order dated 25-01-2023 in I.A.No.1040 of 2022 in O.S.No.239 of 2021 on the file of the court o the VII Additional Senior Civil Judge at Vijayawada, Krishna District for time being, and pass IA NO: 2 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 to grant stay of all further proceedings in O.S.No.239 of 2021 on the file of the Court of the VII Additional Senior Civil Judge at Vijayawada, Krishna District, pending disposal of the above Revision Petition in this Hon'ble Court and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent: 1. K V ADITYA CHOWDARY The Court made the following: ORDER The defendant in the suit filed the above revision against the order dated 25.01.2023 in I.A.No.1040 of 2022 in O.S.No.239 of 2021 on the file of the VII Additional Senior Civil Judge, Vijayawada. 2. a) The respondent/plaintiff filed suit O.S.No.239 of 2021 for recovery of the amount on the foot of a registered mortgage deed dated 29.10.2018. The defendant, along with his wife and daughter, filed suit O.S.No.153/2021 against the plaintiff in O.S.No.239 of 2021, seeking redemption of 3 simple registered mortgage deeds dated 29.10.2018. b) The plaintiff filed suit O.S.No.238 of 2021 on the file of VI Additional Senior Civil Judge, Vijayawada, against the wife of the defendant for recovery of the amount on the foot of the registered mortgage deeds dated 29.10.2018. The plaintiff also filed suit O.S.No.1798 of 2021 on the file of V Additional Senior Civil Judge, Vijayawada, against the daughter of the defendant for recovery of the amount on the foot of the registered mortgage deed dated 29.10.2018. Two Transfer O.P. Nos.19 and 20 of 2022 filed by the respective defendants to transfer those two suits to the Court of the VII Additional Senior Civil Judge, Vijayawada, are pending on the file of the Principal District Judge, Machilipatnam. c) I.A.No.1040 of 2022 was filed by the defendant to conduct a joint trial in O.S.No.153 of 2021 and O.S.No.239 of 2021. 3. The respondent/plaintiff filed a counter and opposed the application. 4. The trial court, by order dated 25.01.2023, dismissed the application. Aggrieved by the same, the present revision is filed. 5. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioners and Sri Ch.Madhava Raman, learned counsel for the respondent. 6. Learned counsel for the petitioner would contend that the suits filed by the plaintiffs against the wife and daughter of the defendants were transferred to the VII Additional Senior Civil Judge, Vijayawada, from the Courts of VI and V Additional Senior Civil Judge, Vijayawada. In fact, suit O.S.No.153 of 2021 seeking redemption of 3 simple registered mortgage deeds was filed before the filing of O.S.No.239 of 2021, and hence, a joint trial is necessary. 7. Per contra, Sri Ch.Madhava Raman, learned counsel for the respondent, supported the order of the trial Court. 8. Now, the point for consideration is: Whether the order dated 25.01.2023 in I.A.No.1040 of 2022 in O.S.No.239 of 2021 on the file VII Additional Senior Civil Judge, Vijayawada, suffers from illegality or perversity warranting interference by this Court under Article 227 of the Constitution of India? 9. The petitioner, along with his wife and daughter, filed suit O.S.No.153 of 2021 on the file of the VII Additional Senior Civil Judge, Vijayawada, seeking redemption of 3 simple registered mortgage deeds dated 29.10.2018, and the same is pending. Thereafter, the plaintiff filed suit O.S.No.239 of 2021 for recovery of the amount on the foot of the mortgage deed dated 29.10.2018. In fact, during the course of arguments, it was brought to the notice of the Court that two other suits filed by the plaintiff against the wife and daughter were also transferred to the Court of the VII Additional Senior Civil Judge, Vijayawada. Since the issues involved in O.S.No.239 of 2021 and O.S.No.153 of 2021 are interconnected, conducting a joint trial will help the trial Court to arrive at a just decision. 10. The trial Court failed to exercise the jurisdiction vested with it, and the order impugned suffers from illegality and perversity, which brooks interference by this Court under Article 227 of the Constitution of India. 11. Accordingly, the Civil Revision Petition is Allowed. The order dated 25.01.2023 in I.A.No.1040 of 2022 in O.S.No.239 of 2021 on the file VII Additional Senior Civil Judge, Vijayawada, is set aside. I.A.No.1040 of 2022 in O.S.No.153 of 2021 stands allowed. The parties to the suit shall cooperate with the trial Court for the speedy disposal of the suit. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No