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HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

TRANSFER CIVIL MISCELLANEOUS PETITION No. 319 OF 2025

ORDER:

The petitioners herein filed the present transfer civil

miscellaneous petition under Section 24 of the Code of Civil

Procedure, 1908 (for short, 'C.P.C.'), seeking to withdraw O.S.No. 42

of 2025 from the file of the Court of learned Additional Civil Judge

(Senior Division), Chittoor, and transfer the same to the file of the

Court of learned VII Additional District Judge, Vijayawada, for trial

and disposal.

2. The case of the petitioners is brief is as follows:

Petitioner Nos. 2 and 3 herein are children of petitioner No. 1

herein. On 21-04-2025, the petitioners filed suit in O.S.No. 63 of

2025 on the file of the Court of learned VII Additional District Judge,

Vijayawada, against respondent No. 1 herein for grant of

damages/compensation for Rs.1,00,00,000/- along with interest @

12% p.a. from the date of suit till the date of payment.

Subsequently, on 08-05-2025, respondent No. 1 herein filed suit in

O.S.No. 42 of 2025 on the file of the Court of learned Additional Civil

Judge (Senior Division), Chittoor, against the petitioners herein and

three others for partition of plaint A to E schedule properties into six

equal shares by metes and bounds and to allot one such share to

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him. The main contesting parties in both the suits and the respective

contentions are one and the same although the reliefs claimed in

both the suits are different.

Petitioner No. 1 is a senior citizen, aged about 71 years,

residing in Vijayawada, suffering from several health-related issues

and is completely bedridden and moving with the help of attendants

only. Respondent No. 1, being fully aware of the health condition of

petitioner No. 1, intentionally filed the above suit at Chittoor for

partition of properties in respect of exclusive properties of the

petitioners situated in Yadamari and Chittoor Mandals, which were

already sold to respondent No. 6 herein for valid sale consideration,

only to harass the petitioners at this stage and to gain unlawful

benefit taking advantage of ill-health of petitioner No. 1. The one

way distance between Vijayawada and Chittoor is approximately 500

Kilometers and it takes more than nine hours time to reach Chittoor.

The petitioners herein apprehend threats from the respondents,

more fully from respondent No. 1 herein whenever they come down

to Chittoor to pursue the matter as they are influential persons in the

society having political background.

3. Respondent No. 1 herein filed counter affidavit opposing the

relief sought by the petitioners and requested this Court to dismiss

the transfer civil miscellaneous petition filed by the petitioners.

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4. Heard Smt. K.Anjana Rama Kameswari, learned counsel

appearing for the petitioners, Sri Kishore Kumar Dhodla, learned

counsel appearing for respondent No. 1, Sri Balusu Srivenkateswara

Rao, learned counsel appearing for respondent No. 3 and Sri

Ailapurapu Yellamandaiah, learned counsel appearing for

respondent No. 5.

5. Now, the point for determination is

"Whether the suit in O.S.No. 42 of 2025 on the file of the Court

of learned Additional Civil Judge (Senior Division), Chittoor,

can be transferred to the file of the Court of learned VII

Additional District Judge, Vijayawada?"

6. The petitioners herein filed the present transfer civil

miscellaneous petition under Section 24 of C.P.C. with a specific

prayer to withdraw O.S.No. 42 of 2025 from the file of the Court of

learned Additional Civil Judge (Senior Division), Chittoor, and

transfer the same to the file of the Court of learned VII Additional

District Judge, Vijayawada, to be tried simultaneously with O.S.No.

63 of 2025 pending on the file of the Court of learned VII Additional

District Judge, Vijayawada. Petitioner Nos. 1 and 2 herein are

defendant Nos. 1 and 6 respectively in O.S.No. 42 of 2025 on the file

of the Court of learned Additional Civil Judge (Senior Division),

Chittoor, whereas petitioner No. 3 her