TRCMP/620/2008 of Kamarlapudikoteswararao Vs Sathuluri Hariprasad on 29 December 2011

COMMON ORDER:

These Transfer Civil Miscellaneous Petitionscan be disposed of by this common order as the petitioner in both the cases is one and the same.

These Transfer Civil Miscellaneous Petitionsunder Section 24 CPC are filed seeking transfer ofAS.Nos. 246 and 247 of 2004 respectively from theCourt of the learned Principal District Judge,Guntur, to the file of this Court to be tried along withA.S.Nos. 546 of 2005 and disposed of according tolaw.

It is stated that one late Venkata Subbammaduring her life time filed O.S.No.21 of 2000 fordeclaration that she is the legal heir of the estate ofher son Subbarayudu, who predeceased her. Thedivorced wife of late Subbarayudu, Smt.B.Chandrakanthamma and one KambhampatiSaarada also filed suits in O.S.Nos. 19 of 2000 and96 of 1998 respectively claiming the estate of saidSubbarayudu. It is further stated that the petitionerherein claiming that the said Venkata Subbammabeing his maternal aunt bequeathed the suitschedule property under a Will in his favour andafter her demise, he came on record as herlegatee. It is further stated that the petitioner hereinalso filed suits in O.S.No. 741 of 1989 and 11 of1994, which were tried along with O.S.No. 19 of 2000 and 21 of 2000 and other connected suitsand disposed of by common Judgment and decreedated 16.09.2004.

It is averred that having regard to valuation,one of the parties to the lis filed A.S.No. 546 of2005 on the file of this Court against the judgmentand decree in OS.No. 19 of 2000. The petitionerherein also filed AS Nos. 246 of 2004 and 247 of2004 against the judgment and decree in OS.Nos.741 of 1989 and 11 of 1994, on the file of thelearned Principal District Judge, Guntur.

It is further averred that the petitioner hereinand some of the parties to the common judgmentfiled Tr.CMPs. No. 441 of 2007, 437 of 2007, 157 of2006, 158 of 2006 for transfer of the respectiveappeals filed by them against the commonjudgment dated 16.09.2004 to this Court to be triedalong with AS.No. 546 of 2005 and the saidpetitions were allowed by this Court. It is submittedby the learned Counsel for the petitioner that unlessall the appeals are clubbed and heard together,there is every likelihood of conflicting judgmentsbeing rendered on the same issues and points bydifferent Courts.

In the light of the submissions of the learnedCounsel for the petitioner and having regard to thefacts and circumstances of the case, thesepetitions are liable to be allowed inter alia to avoidconflicting judgments to be rendered by differentCourts on the same subject matter.

Accordingly the Transfer Civil MiscellaneousPetitions are allowed. As a sequel thereto, A.S.Nos. 246 of 2004 and 247 of 2004 pending onthe file of the learned Principal District Judge,Guntur are hereby shall stand withdrawn and thesame shall stand transferred to this Court to be triedalong with AS.No. 546 of 2005 pending on the fileof this Court and disposed of in accordance withlaw. The learned District Judge, Guntur is thereforedirected to transmit the entire record pertaining tothe said appeals to this court forthwith. No other asto costs.

--------------------------------------------- JUSTICE ASHUTOSH MOHUNTA

Dated 29[th] December, 2012.Msnro