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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Bandaru Syamsunder, J.
Tummidi Bulli Govindaraju and Ors. – Petitioners
Versus
Tummidi Ram Kumar and Ors. – Respondents
Transfer Civil Miscellaneous Petition Nos. 160 of 2023, 60 of 2024 and 61 of 2024
Decided On : 03-07-2024
(A) Code of Civil Procedure - Section 24 - Transfer of cases - Petitions filed for transfer of suits concerning immovable and movable properties - Court considered the convenience of parties and witnesses residing within the jurisdiction of Rajamahendravaram - Transfer of cases to VIII Additional District Court, Rajamahendravaram allowed. (Paras 8, 10, 11)
(B) Guidelines for transfer - Factors such as balance of convenience, nature of evidence, and reasonable apprehension of justice were highlighted as considerations for transferring cases. (Paras 8, 9)
Facts of the case:
The petitions sought transfer of cases involving similar parties and properties primarily located in Rajamahendravaram, with the plaintiffs being permanent residents there.
Findings of Court:
The court found it desirable to consolidate the cases in Rajamahendravaram for efficient resolution.
Issues: The main issue was the appropriateness of transferring cases based on the convenience of parties and witnesses.
Ratio Decidendi: The court ruled that the transfer was justified due to the proximity of parties and witnesses, emphasizing the importance of convenience in legal proceedings.
Result: Tr.CMP No.160 of 2023 is allowed; other petitions dismissed.
ORDER :
Bandaru Syamsunder, J.
1. I have heard both sides.
2. These petitions are filed by the petitioners under Section 24 of the Code of Civil Procedure (in short "CPC"), seeking transfer of cases in respect of immovable property and movable property, shown in the respective schedules in the plaint between the same parties, can be disposed of by Common Order.
3. The Tr.CMP No.160 of 2023 is filed by the petitioners, who are the 3rd defendant and 7th defendant, seeking transfer of OS No.75 of 2020 on the file of VI Additional District Court, Visakhapatnam to any other Courts at Rajamahendravaram. The Tr.CMP No.60 of 2024 filed by the petitioner, who is the plaintiff in OS No.27 of 2021, seeking transfer of the suit from V Additional District Court, Rajamahendravaram to II Additional District Court, Visakhapatnam. The Tr.CMP No.61 of 2024 filed by the petitioner, who is the 1st defendant in OS No.30 of 2021, seeking transfer of the suit from VIII Additional District Court, Rajamahendravaram to II Additional District Court, Visakhapatnam.
4. In all the transfer petitions, most of the parties are similar, and most of the properties are situated within the jurisdiction of District Court, Rajamahendravaram. In OS No.75 of 2020 filed by the 1st respondent and 2nd respondent, seeking for partition, except Item No.10 and Item No.11, the remaining properties are situated at Rajamahendravaram of East Godavari District, and other properties are situated at West Godavari District and Krishna District. The 1st respondent, who is one of the plaintiffs in OS No.75 of 2020 also filed OS No.27 of 2021 on the file of V Additional District Court, Rajamahendravaram for declaration of his title in respect of said suit schedule item, which is situated at Rajamahendravaram.
5. The learned Counsel, representing the petitioners in Tr.CMP No.160 of 2023 would submit that most of the properties are situated within the jurisdiction of District Court, Rajamahendravaram, and the plaintiffs in OS No.75 of 2020 are also permanent residents of Rajamahendravaram, and the parties and proposed witnesses of the suits are also residing within the jurisdiction of District Court, Rajamahendravaram due to that the petitioners are seeking transfer of OS No.75 of 2020 on the file of VI Additional District Court, Visakhapatnam to any other Courts at Rajamahendravaram. He would further submit that the petitioners, who are the 3rd defendant and 7th defendant filed petition, seeking for transfer of suit, the 1st respondent and 2nd respondent came-up and filed other two transfer petitions, seeking for transfer of cases from Rajamahendravaram. He prays to allow the petition filed by the petitioners and dismiss the petitions filed by the 1st respondent and 2nd respondent.
6. The learned Counsel, representing the 1st respondent and 2nd respondent in Tr.CMP No.160 of 2023 would submit that the 1st respondent and 2nd respondent are senior citizens, who are now residing at Visakhapatnam, due to that they are seeking transfer of OS No.27 of 2021 and OS No.30 of 2021 from the Courts at Rajamahendravaram to II Additional District Court, Visakhapatnam.
7. A perusal of records, which shows that in the copy of plaint in OS No.75 of 2020 filed by the 1st respondent and 2nd respondent, seeking for partition, except Item No.10 and Item No.11, the remaining immovable properties and movable properties are situated within the jurisdiction of Rajamahendravaram of East Godavari District, and some of the properties are situated at West Godavari District and Krishna District.
8. The petitioners in Tr.CMP No.160 of 2023, who are defendants in OS No.75 of 2020 also filed copy of sale deed, dated 26.05.2023, and copy of Aadhar card of the 1st respondent, which shows that the 1st respondent and 2nd respondent are also permanent residents of Rajamahendravaram. Even, the 1st respondent filed suit for declaration of his title in respect of immovable property, vide OS No.27 of 2021 pending on the file of V Addi
AI
The court emphasized the importance of convenience for parties and witnesses in transferring cases under Section 24 of the CPC.
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 considering the convenience of both parties, particularly senior citizens, in transfer petitions under Article 227 and Section 24 of the CPC.
The court established that related cases should be tried together to prevent conflicting decisions and promote judicial efficiency under Section 24 of the CPC.
The discretionary power of transfer under Section 24 of the Code of Civil Procedure must be exercised with extreme care and caution, and the search should be for justice.
Section 24 of the CPC allows for the transfer of cases to ensure that interdependent matters are tried together, promoting judicial efficiency.
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