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BANDARU SYAMSUNDER
Tummidi Bulli Govindaraju – Appellant
Versus
Tummidi Ram Kumar – Respondent
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, R
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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