Tammineedi Subba Rao v. Godavarthi Venkateswara Rao

THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP. No.748 of 2014 ORDER:

This petition is filed to withdraw A.S.No.203 of 2012 from Additional District and Sessions Judge, Narsapur, West Godavari and transfer the same to this Court to be heard along with A.S.No.690 of 2012.

2. Petitioner herein is plaintiff in O.S.No.89 of 2008 who filed suit for recovery of Rs.5,67,180/- and the Trial Court, after considering evidence of both parties, decreed suit only for a sum of Rs.50,000/-. Aggrieved by same, respondent herein preferred A.S.No.203 of 2012 before Additional District and Sessions Judge, Narsapur and petitioner herein preferred A.S.No.690 of 2012 before this Court basing on pecuniary jurisdiction.

3. Now, plaintiff filed this petition contending that both appeals have to be heard by one Court and as appeal filed by him is before this Court as per pecuniary jurisdiction, the appeal pending before the Additional District and Sessions Judge, Narsapur, West Godavari District has to be withdrawn and transferred to this Court.

4. Respondent in spite of service of notice neither appeared in person nor through any advocate.

5. Heard arguments of advocate for petitioner.

6. Considering the reasons stated in the affidavit and also considering the fact that both appeals have to be tried by one Court to avoid conflicting opinions, A.S.No.203 of 2012 is withdrawn from Additional District and Sessions Judge, Narsapur, West Godavari and transferred to this Court to be heard along with A.S.No.690 of 2012.

7. The petition is, accordingly, ordered. No order as to costs.

8. As a sequel, miscellaneous petitions pending, if any, shall stand disposed of.

___________________________ JUSTICE S. RAVI KUMAR Date:17.04.2015 USD