Satyanarayana Murthy, J.

This petition under section 24 of C.P.C is filed to withdraw O.S. No. 71 of 2014 pending on the file of VIII Additional District Judge, Chittoor and transfer the same to IX Additional District Judge, Chittoor and club with pending A.S. No. 69 of 2013, on the ground that in O.S. No. 71 of 2014, this petitioner is arrayed as sole defendant and the relief claimed in the said suit is declaration of title and consequential injunction.

2. Whereas, the second respondent herein filed O.S. No. 51 of 2004 for partition of plaint schedule property against the petitioner herein, which ended in dismissal. Aggrieved by the decree and judgment in O.S. No. 51 of 2004, the second respondent herein preferred A.S. No. 69 of 2013 pending on the file of IX Additional District Judge, Chittoor for adjudication. Further, during pendency of the appeal, the first respondent herein died and the petitioner herein allegedly filed I.A. No. 90 of 2014 in A.S. No. 69 of 2013 under Order 1, Rule 10 C.P.C to implead the petitioner who is the proposed legal representative of the second respondent herein. The said I.A. No. 90 of 2014 was dismissed by the Court below on 17.02.2017. Howeve