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2003 Supreme(AP) 585

C.Y.SOMAYAJULU, G.BIKSHAPATHY
Munnangi Ramakrishna Rao – Appellant
Versus
Vanakuru Venkata Siva Ramakrishna Prasad – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) THIS Transfer C. M. P. is filed seeking transfer of o. S. No. 551 of 2002 from the file of the court of Principal Junior Civil Judge, Tenali to the Court of the Additional Senior Civil judge, Tenali, to be tried along with O. S. No. 184 of 2002 pending in that Court.

( 2 ) WHEN the matter came up for hearing before a learned single Judge, he, by his order dated 7. 2. 2003 referred the following points to a Division Bench: (A) In view of the present language of section 115 of the Code, a revision as against an order passed by the District court under Section 24 of the Code can be maintained? (B) Whether a party who was unsuccessful before the District Court in a transfer o. P. without questioning the same either under Section 115 of the Code or under Article 227 of the constitution of India can again invoke the jurisdiction of this Court under section 24 of the Code on the ground of concurrent jurisdiction?pursuant to the above order of reference, the matter is posted before us for disposal.

( 3 ) SINCE the learned Counsel for the parties made their submissions not only on the questions referred to us but on the merits of the transfer petition also, we are









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