Andhra Pradesh High Court - Amravati
Meesala Suryanarayana vs Sadapu Nagesh on 1 July, 2024
THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
TRANSFER CIVIL MISCELLANEOUS PETITION
Nos. 239, 244, 245, 247, 256, 264 and 293 of 2023
COMMON ORDER:
As all these Transfer Petitions are filed by the same petitioner against different respondents, who said to be filed suits against him, for recovery of money can be disposed of by common order.
2. I have heard learned counsel for petitioner Mr.V.V.Satish as well as learned counsel representing respondents in all Transfer Petitions Mr. Vajja Chethan Kumar Reddy, learned counsel for respondent in Tr.CMP.No.239 of 2023, Mr.V.Lakshmi Harish, learned counsel for respondent in Tr.CMP.No.256 of 2023 and also representing on behalf of Mr. Subrahmanyam Kotari and Mr.V.Gurunadham, learned counsel for respondents in Tr.CMP.No.244 of 2023 and Tr.CMP.No.247 of 2023 respectively. The learned counsel, Dr. Majji Suri Babu represented for respondent in Tr.CMP.No.245 of 2023 and Tr.CMP.No.293 of 2023, and Mr. Raja Damoji 2 Rao, learned counsel for respondent in Tr.CMP.No.264 of 2023.
3. These Petitions are filed by the petitioner/defendant under Section 24 of code of Civil Procedure (in short seeking transfer of money suits filed by respondents in different Courts to competent Court at Vizianagaram.)
4. For better understanding of the issue involved in all the petitions, following tabular form which has stated by the petitioner in the written statement filed in the suits can be extracted as under:
Tabular Form S. Suit Name of the Name of Date Place Attesters Scribe Principle No. Number Transferee the of of Amount Court Plaintiff Promissory Execution Note 1 O.S.No.2 On the file of Killaka 13.03.2020 Parvathi 1.Budi Somired Rs.5,00,0 3/2023 Principal Chitti Puram Sriramulu di 00/-
Junior Civil Babu 2.R.Ramu Venkata Judge at appala Parvathipura Satya m Sanyasi Nukaraj u
2. O.S.No.5 On the file of Meesala 13.03.2020 Patamatal 1.Budi Somired Rs.5,00,0 88/2023 2nd Additional Raja anka, Sriramulu di 00/-
Junior Civil Gopala Vijayawad Venkata
Judge at Naidu a 2. appala
Vijayawada. (Krishana Mudadlaa Satya
Dist) ppala Sanyasi
Naidu. Nukaraj
u
3
3. O.S.No.2 On the file of Meesala 13.03.2020 Patamatal 1.Budi Somired Rs.75,00,
9/2023 VII Additional Raja anka, Sriramulu di 000/-
District Gopala Vijayawad Venkata
Judge at Naidu a 2. appala
Vijayawada (Krishana Mudadlaa Satya
Dist) ppala Sanyasi
Naidu. Nukaraj
u
4. O.S.No.3 On the file of Somireddi 13.03.2020 S. 1.Budi A.Siva Rs.15,00,
/2023 Senior Civil Venkataa Rayavara Sriramulu Prasada 000/-
Judge at ppala m Village, Rao
Yelamanchili. Satya S.Rayavar 2. R...not Sanyasi am under Nukaraju Mandal stand the (Visakhap name atnam)
5. O.S.No.4 On the file of Kanda 13.03.2020 Tuni (East 1.Nageswa Somired Rs.5,00,0 8/2023 Additional Venkata Godavari ra Rao. di 00/-
Junior Civil Rama Rao Dist) Venkata
Judge at 2.G.S...not appala
Tuni under Satya
stand the Sanyasi
name Nukaraj
6. O.S.No.7 On the file of Nagulapal 13.03.2020 Narasipat 1.Budi A.Siva Rs.5,00,0
1/2023 Principal li nam Sriramulu Prasada 00/-
Junior Civil Varahala (Visakhap Rao
Judge at Rao atnam) 2. R...not
Narasipatna under
m stand the
name
7. O.S.No.1 On the file of Reddy 13.03.2020 Konuru 1.Budi Sri Somired Rs.15,00,
2/2023 Senior Civil Ramu Village, Ramulu di 000/-
Judge at Garividi Venkata
Vizianagaram Mandal, 2. appala Vizianagar Bommalat Satya am Dist. appa Rao. Sanyasi Nukaraj
8. O.S.No.2 On the file of Sadapu 13.03.2020 Saluru 1.Budi Somired Rs.35,00, /2023 Senior Civil Nagesh (Vizianaga Sriramulu di 000/-
Judge at ram Dist.) Venkata
Bobbli 2. R.Ramu appala
Satya
Sanyasi
Nukaraj
9. O.S.No.7 On the file of Ruthala 13.03.2020 Rukminip 1.Budi Somired Rs.15,00,
/2023 Senior Civil Nagaratn uram Sriramulu di 000/-
Judge at am Village, Venkata
Yelamanchili Yellamanc 2. R.Ramu appala
hili Satya
Mandal, Sanyasi
Visakhapa Nukaraj
tnam Dist.
4
5. It is the contention of the petitioner that all nine suits are for recovery of money basing on promissory notes, dated 13.03.2020 filed in different Courts at the instance of one Mr. Meesala Raja Gopal Naidu and in all these cases his defense is common due to that all the suits have to be disposed of by the same Court to avoid conflicting decisions. He prays to allow the Petitions.
6. The learned counsel for the petitioner would submit that all the suits have been filed by respondents against the petitioner for recovery of money basing on promissory note dated 13.03.2020 said to be executed at different places which created at the instance of Mr. Meesala Raja Gopal Naidu wherein petitioner has filed written statement raised same defence due to that all the suits have to be transferred to Courts at Vizianagaram, where the petitioner is residing now.
7. The learned counsels representing the respondents would submit that suits have been filed by the different persons at different places basing on promissory notes, due to that prayer of the petitioner cannot be considered. The learned 5 counsel representing the respondent in Tr.CMP.No.245 of 2023 would submit that he filed counter in the said Transfer Petition wherein it is wrongly noted the year of promissory note as 13.02.2021 instead of 13.03.2020 for which the learned counsel for petitioner would submit that the contention of the petitioner in his written statement is that all the promissory notes including the suit filed by the respondent in Tr.CMP.No.245 of 2023 is promissory note dated 13.03.2020 and he also agreed that there is a mistake in the counter-affidavit filed by respondent with regard to date of promissory note.
8. During the course of arguments, the learned counsel representing both sides would fairly submit that as one of the suit is already pending before VII Additional District Judge Court, Vijayawada, all suits can be transferred to the said Court.
9. The learned counsel for petitioner would submit that the intention of the petitioner is, all suits have to be disposed of by the same Court to consider his defence raised 6 in the written statements filed in the suits and in view of date of promissory note i.e., 13.03.2020.
10. This Court in Dr. Reddy's Laboratories Ltd., Hyderabad Vs. PulletikurhtiVaraha Chandra Bose and Others1 held which reads as under:
"Necessity for transfer of suits from one Court to another, would arise if only there exists any similarity of causes of action or commonality of parties. When such situation does not exist, the relief claimed for transfer of the suit, cannot be granted".
The Hon'ble Apex Court in Kulwinder Kaur @ Kulwinder Gurcharan Singh Vs. Kandi Friends Education Trust and Others 2 held that 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 plaintiff 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 (2004) 5 ALT 209 2 (2008) 3 SCC 659 7
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 guidelines are illustrative but not substantive guidelines.
11. When issues raised in all the suits is common and in view of the common defence in all the suits, there are grounds to consider the request of the petitioner to transfer the cases to any one of the Court to dispose of all the suits.
12. After considering the contentions of both sides and as learned counsel for the petitioner also concedes for transfer of all other suits to VII Additional District Judge Court, Vijayawada where O.S.No.29 of 2023 is pending, all the Transfer Civil Miscellaneous Petitions can be allowed except Tr.CMP.No.293 of 2023.
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13. In the result, Tr.CMP.Nos.239, 244, 245, 247, 256 and 264 of 2023 are allowed but the Tr.CMP.No.293 of 2023 is hereby dismissed.
14. The following suits which are pending in different Courts are transferred to VII Additional District Judge Court, Vijayawada to conduct trial simultaneously along with O.S.No.29 of 2023.
Tabular Form
S.No. Suit Number Name of the Name of
Transferer the
Court Transferee
Court
1 O.S.No.23/2023 Principal VII
Junior Civil Additional
Judge Court, District
Parvathipuram Judge
Court,
Vijayawada
2. O.S.No.588/2023 II Additional VII
Junior Civil Additional
Judge Court, District
Vijayawada Judge
Court,
Vijayawada
3. O.S.No.3/2023 Senior Civil VII
Judge Court, Additional
Yelamanchili District
Judge
Court,
Vijayawada
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4. O.S.No.48/2023 Additional VII
Junior Civil Additional
Judge Court, District
Judge
Court,
Vijayawada
5. O.S.No.71/2023 Principal VII
Junior Civil Additional
Judge Court, District
Narasipatnam Judge
Court,
Vijayawada
6. O.S.No.12/2023 Senior Civil VII
Judge Court, Additional
Vizianagaram District
Judge
Court,
Vijayawada
7. O.S.No.2/2023 Senior Civil VII
Judge Court, Additional
Bobbli District
Judge
Court,
Vijayawada
8. O.S.No.7/2023 Senior Civil VII
Judge Court, Additional
Yelamanchili District
Judge
Court,
Vijayawada
15. Learned Judges, Transferor Courts shown in
tabular form shall transmit the case records in the respective suits to VII Additional District Judge Court, Vijayawada, as expeditiously as possible within a period of three (03) weeks from the date of receipt of copy of this Order. All the parties to the respective suits and the petitioners herein shall appear 10 before VII Additional District Judge Court, Vijayawada on 06.11.2024. No order as to costs.
Consequently, miscellaneous petitions if any, shall stand closed. The Interim Stay, if any granted, shall stand vacated.
___________________________________ JUSTICE BANDARU SYAMSUNDER Date: 01.07.2024 DSV 11 156 THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANIOUS PETITION Nos. 239, 244, 245, 247, 256, 264 and 293 of 2023 Date: 01.07.2024 DSV