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2026:APHC:2713

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO

TRANSFER CIVIL MISCELLANEOUS PETITION No.12 of 2026

ORDER:

Today when the matter is taken up for hearing, Sri V.Roopesh Kumar

Reddy, learned counsel for the petitioners has represented that the proof of

service memo dated 30.01.2026, along with the postal track consignment

sheet is filed before the Registry and the same is placed on the record. As

per the track consignment sheet, the registered notice sent to the respondent

was served on him on 24.01.2026. Therefore, service held sufficient. None

appeared for the respondent.

2. The petitioners filed the present petition under Section 24 of the Code

of Civil Procedure, 1908, seeking to withdraw O.S.No.218 of 2024, on the file

of the learned I Additional Junior Civil Judge, Nellore and transfer the same

to the file of the learned Principal Junior Civil Judge, Nellore, to trial along

with O.S.No.900 of 2024, for conducting joint trial.

3. The case of the petitioners in brief is as follows:

I. The petitioners submits that the respondent filed the suit in O.S.

No.218 of 2024, on the file of the learned I Additional Junior Civil

Judge, Nellore, against the petitioners for recovery of arrears of rent

and for their eviction from the plaint schedule property, which is being

contested by the petitioners by filing their written statement, and the

2 2026:APHC:2713

respondent also filed a another suit for recovery of money in O.S.

No.900 of 2024, on the file of the learned Principal Junior Civil Judge,

Nellore, against the 2^nd petitioner, based on a promissory note

allegedly executed by the 2^nd petitioner in favour of the respondent, to

which the petitioners filed a written statement contending that the said

promissory note was not supported by consideration and that it was

related to a promissory agreement of sale-cum-general power of

attorney dated 07.06.2022, executed by the 1^st petitioner in favour of

the respondent, and that the same was filed by the respondent in

collusion with the attestors thereto, despite the financial incapacity of

the respondent to lend such a huge amount.

II. The petitioners further submits that in both the suits, the issues, as

arising from the pleadings of the petitioners as defendants therein, are

one and the same, and if the suits are tried by two different Courts,

there is every possibility of conflicting judgments; hence, it is just and

necessary to transfer both the suits to one Court for disposal in

accordance with law. The petitioners are therefore constrained to file

the present transfer petition against the respondent seeking to transfer

O.S.No.218 of 2024, on the file of the learned I Additional Junior Civil

Judge, Nellore, to the file of the learned Principal Junior Civil Judge,

Nellore, for conducting joint trial.

4. Heard Sri V.Roopesh Kumar Reddy, learned counsel for the

petitioners. Though registered notice sent to the respondent was served on

him, none appeared for the respondent. Therefore, service held sufficient.

Perused the material available on record.

5. As can be seen from the material available on record, the suit in O.S.

No.218 of 2024, on the file of the I Additional Junior Civil Judge, Nellore, is

filed by the respondent herein against the petitioners for recovery of arrears

of rent and for their eviction from the plaint schedule property, and the

respondent herein also filed O.S. No.900 of 2024, on the file of the learned

Principal Junior Civil Judge, Nellore, against the 2^nd petitioner. It is not in

dispute that both the suits in O.S. Nos.218 of 2024 and 900 of 2024 are

pending for adjudication at Nellore in different Courts but within the same

Court compound.

6. In a case of Kulwinder Kaur @ Kulwinder Gurcharan Singh vs.

Kandi Friends Education Trust and Others, 2026:APHC:2713, the Apex Court held that the

following factors have to be taken into consideration in a situation in which it

is the duty of the Court to transfer the case:

I. balance of convenience or inconvenience to the plaintuff or

defen