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BANDARU SYAMSUNDER
Kovvuri Sirisha – Appellant
Versus
Kovvuri Suryakantham – Respondent
ORDER :
1. I have heard both sides.
2. These petitions are filed by the petitioners against the respondents under Section 24 of the Code of Civil Procedure (in short “CPC”) with common grounds seeking transfer of cases in respect of same property, can be disposed of by Common Order.
3. The Tr. CMP No. 99 of 2024 is filed by the petitioner/plaintiff in OS No. 32 of 2023 on the file of II Additional District Judge’s Court, Amalapuram of East Godavari District, seeking transfer of OS No. 3 of 2024 on the file of IV Additional District Judge’s Court, Tanuku of West Godavari District to II Additional District and Sessions Judge’s Court, Amalapuram of East Godavari District to try along with OS No. 32 of 2023.
The Tr. CMP No. 172 of 2024 is filed by the petitioners, who are plaintiffs in OS No. 3 of 2024 on the file of IV Additional District Judge’s Court, Tanuku of West Godavari District, seeking transfer of OS No. 32 of 2023 on the file of II Additional District and Sessions Judge’s Court, Amalapuram of East Godavari District to IV Additional District Judge’s Court, Tanuku of West Godavari District to try along with OS No. 3 of 2024.
4. It is the contention of the petitioner in Tr. CMP No.
The court emphasized the necessity of transferring cases to the same court when parties and issues are similar to prevent conflicting decisions.
The court emphasized the importance of convenience for parties and witnesses in transferring cases under Section 24 of the CPC.
Transfer of suits under Section 24 of CPC requires clear similarity of cause of action or parties; advanced stage of trial weighs against transfer.
Section 24 of the CPC allows for the transfer of cases to ensure that interdependent matters are tried together, promoting judicial efficiency.
The court established that under Section 24 of the CPC, cases involving the same parties and interdependent issues should be tried together to prevent conflicting judgments.
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