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2026:APHC:2095

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO

TRANSFER CIVIL MISCELLANEOUS PETITION No.407 of 2025

ORDER:

Today when the matter is taken up for hearing, Sri V.V.Satish, learned

counsel for the petitioner has represented that the proof of service memo dated

19.01.2026, 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 26.12.2025.

Therefore, service held sufficient. None appeared for the respondent.

2. The petitioner/wife filed the present petition under Section 24 of the Code of

Civil Procedure, 1908, seeking to transfer O.S.No.12 of 2023, on the file of the

Senior Civil Judge, at VIzianagaram to the VII Additional District Judge Court,

Vijayawada, Krishna District, for conducting joint trial.

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

I. The petitioner is the resident of Konuru Village, Garividi Mandal, Vizianagaram

District and was elected as MPTC in his village in the year 2014. Thereafter,

the petitioner stood as a mediator to Mr. Meesala Raja Gopal Naidu, who

purchased lands in their area and subsequently, disputes arose between both

of them as some of the lands purchased by Meesala Raja Gopal Naidu are

found to be D-Form Pattas and thus he demanded recovery of amounts from

the ryots and has taken promissory notes with a date 13.03.2020, and also the

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signature of the petitioner at Konuru Village for a total amount of

Rs.45,00,000/. The petitioner pleaded that he recovered Rs.32,00,000/- and

paid the same to Meesala Raja Gopal Naidu, but, the said Meesala Raja

Gopal Naidu demanded the petitioner for more amount with interest.

II. The petitioner pleaded that the said Meesala Raja Gopal Naidu, with a view to

harass the petitioner, filed nine civil suits in various Courts at various districts

through his close associates. The petitioner further pleaded that the plaintiffs

in all the above civil suits sought for recovery of money on the basis of

promissory note alleged to have been executed by the petitioner on

13.03.2020, and in all the promissory notes in the aforesaid nine (09) civil

suits, the attestors and scribe are common and the scribe and the attestors

have also filed civil suits. The petitioner pleaded that the said civil suits are

filed in different places only to harass him to move around the Courts in

various districts and as the cause of action, the petitioner’s defence, the issue

and the evidence to be lead in all the civil suits is common, the petitioner is

constrained to file the present transfer petition against the respondent seeking

to transfer O.S.No.12 of 2023, on the file of the Senior Civil Judge, at

VIzianagaram to the VII Additional District Judge Court, Vijayawada, Krishna

District, for conducting joint trial.

4. Heard Sri V.V.Satish, learned counsel for the petitioner. 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. The contention of the petitioner is that the suit in O.S.No.12 of 2023, on the

file of the Senior Civil Judge, at Vizianagaram and other eight (08) connected suits

are filed in various Courts for recovery of money based on the promissory notes

dated 13.03.2020, at the instance of one Mr. Meesala Raja Gopal Naidu and in all

the said cases, his defence is common and due to that all the suits have to be

dispose of by the same Court to avoid the conflict of decisions. The petitioner herein

approached this Court by filing a Transfer Civil Miscellaneous Petitions for seeking

transfer of the other suits to the VII Additional District Judge Court, Vijayawada, at

where the case in O.S.No.29 of 2023 is pending. The said batch of the transfer civil

miscellaneous petitions were allowed by this Court vide its common order dated

01.07.2024.

6. The contention of the petitioner is that all th