G Srinivasa Rao, Prakasam Dist And 2 Others v. Gavini Srinivasa Rao, Guntur Dist And ANR

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Tr.C.M.P.No.430 OF 2016 ORDER:

The present transfer petition, under Section 24 of the Code of Civil Procedure, 1908, is filed seeking to withdraw O.S.No.110 of 2016 from the file of learned Principal Junior Civil Judge, Bapatla, and transfer the same to the file of learned Senior Civil Judge, Chirala, to try with O.S.No.56 of 2016.

2. Heard Sri N. Addanki Rama Chandra Murthy, learned counsel for the petitioners, and Sri Challa Ajay Kumar, learned counsel for respondent No.1.

3. Learned counsel for respondent No.1 has no opposition for the request made herein.

4. Since, the subject matter is one and the same and the parties are also same, except they stand vice versa, and to avoid conflict findings being recorded by two different Courts, though, the reliefs are different, the request of the petitioners can be acceded to.

5. Hence, the present transfer petition is allowed. Consequently, O.S.No.110 of 2016 pending on the file of learned Principal Junior Civil Judge, Bapatla, is withdrawn and transferred to the file of learned Senior Civil Judge, Chirala, to try with O.S.No.56 of 2016.

The transferee Court shall issue notices to the parties on receipt of the case bundle and dispose of the suits in accordance with law. Miscellaneous Petitions, if any, pending in this transfer petition shall stand closed. There shall be no order as to costs. ___________________________ A. SHANKAR NARAYANA, J April 16, 2018.

MD