HIGH COURT OF ANDHRA PRADESH MONDAY ,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 483 OF 2023 Between:
1. PATCHA (KOMMURU) VASANTHI W/o. KommuruBalaKoteswara Rao Naidu, Aged about 48 Years, Occ. Govt. Employee, R/ o. Flat No.502, Pridhvi Apartment, Sector-12, Lotus Land Mark, Kedareswara Pet, Vijayawada, NTR District.
...PETITIONER(S)
AND:
1. CHELLU NAGA SANKARA RAO S/o. Hanumantha Rao, Aged about 57 Years, R/o. Flat No.401, PerniBadrinadham Heights, Balaji Nagar, Krishna Lanka, Vijayawada-13.
2. RayasamVenkataSeshagiri Rao S/o. Hanumantha Rao, Aged about 60 Years, R/o. D.No.4-375A, Maruthi Nagar, Navuluru, Mangalagiri Mandal, Guntur District.
...RESPONDENTS Counsel for the Petitioner(s): MARRI VENKATA RAMANA Counsel for the Respondents: S V S S R KRISHNA UPPULURI The Court made the following: ORDER THE HON’BLE Ms. JUSTICE B.S.BHANUMATHI
COMMON ORDER:
C.R.P.Nos.483 of 2023, 496 of 2023 and 497 of 2023, under Article 227 of the Constitution of India, are filed by the plaintiff- Smt. Patcha Vasanthi against the orders, dated 22.08.2022, allowing I.A.No.461 of 2022 in O.S.No.236 of 2019; I.A.No.452 of 2022 in O.S.No.234 of 2019; and, I.A.No.451 of 2022 in O.S.No.113 of 2019 on the file of the Court of III Additional Junior Civil Judge, Vijayawada.
2. C.R.P.No.495 of 2023 is preferred by the plaintiff-Kommuru Bala Koteswara Rao Naidu against the order dated 22.08.2022, disposing of I.A.No.460 of 2022 in O.S.No.235 of 2019 on the file of the Court of III Additional Junior Civil Judge, Vijayawada.
3(a) Kommuru Bala Koteswara Rao Naidu and Smt. Patcha Vasanthi are the husband and the wife.
(b) Smt. Patcha Vasanti, filed three suits in O.S.No.113 of 2019, 234 of 2019 and 236 of 2019.
(c) Sri Kommuru B K R Naidu filed the suit in O.S.No.235 of
2019.
(d) The suits in O.S.No.113 of 2019, 234 of 2019 and 235 of 2019 were filed against the defendant, Sri Chellu Naga Sankara Rao, seeking the relief of cancellation of three separate sale agreements-cum-GPA executed by the plaintiff in favour of the defendant and consequently to declare the corresponding sale deeds obtained by the defendant as null and void and not binding on the plaintiff.
(e) O.S.No.236 of 2019 was filed for cancellation of the sale agreement-cum-GPA, dated 07.06.2007, executed by the plaintiff in favour of the 1st defendant, Sri Chellu Naga Sankara Rao, and for cancelation of the sale deed executed by the 1st defendant in favour of the 2nd defendant, Sri Rayasam Venkata Sesha Giri Rao.
(f) In all these four suits further reliefs are claimed for consequential permanent injunction and for delivery of original documents.
4. Sri Chellu Naga Sankar Rao filed suits in O.S.Nos.444 of 2017, 445 of 2017 & 446 of 2017 against both Sri Kommuru B K R Naidu and Smt. Pacha Vasanthi seeking permanent injunction restraining them from interfering with the peaceful possession and enjoyment of the plaint schedule property, which is the subject matter in O.S.No.235 of 2019, 113 of 2019 and 234 of 2019 respectively.
5. Since the contentions in all these revisions are one and the same, this Court deems it appropriate to dispose of all these revisions by way of this common order.
6. For convenience, the status of the parties, i.e., the plaintiff and the defendant(s) as stated in the suits filed by Smt. Patcha Vasanthi and Sri Kommuru B K R Naidu is referred in this order.
7. Heard Sri Marri Venkata Ramana, learned counsel for the revision petitioner/plaintiff and Sri SVSSR Krishna Uppuluri, learned counsel for the respondent(s)/defendant(s).
8. Transfer O.P.Nos.57 to 59 of 2019 on the file of the Court of the Principal District Judge, Machilipatnam, were filed by the husband and the wife to withdraw O.S.No.444 of 2017, 445 of 2017 & 446 of 2017 from the file of IV Additional Junior Civil Judge, Vijayawada, and transfer the same to the file of the Court of III Additional Junior Civil Judge, Vijayawada, for trial along with O.S.Nos.235 of 2019, 113 of 2019 and 234 of 2019 respectively. By order, dated 28.11.2019, of the learned District Judge, Krishna, at Machilipatnam, the said Transfer O.Ps were allowed granting liberty to the trial Court to consolidate all the suits in accordance with law on the application (s), if any, made by any of the parties concerned or try them separately. Thus, all the suits are now pending on the file of the Court of III Additional Junior Civil Judge, Vijayawada.
9. While so, Smt. Patcha Vasanthi filed I.A.Nos.451 of 2022, 452 of 2022, 461 of 2022 in O.S.Nos.113 of 2019, 234 of 2019, 236 of 2019 respectively, and Kommuru B K R Naidu filed I.A.No.460 of 2022 in O.S.No.235 of 2019 under Section 151 CPC seeking to club all those four suits and the suits in O.S.Nos.444 of 2017, 445 of 2017 and 446 of 2017, by conducting joint trial, referring to the liberty given in the order in the transfer petitions and further statin
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