APHC010515322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 401/2024 Between:

Vanka Srinivasa Rao, ...PETITIONER AND Mohammad Habibulla ...RESPONDENT Counsel for the Petitioner:

1. SAI GANGADHAR CHAMARTY Counsel for the Respondent:

1. K SARVA BHOUMA RAO The Court made the following:

ORDER:

The petitioner 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. 24 of 2023 from the file of the Court of learned Junior Civil Judge, Bantumilli, and transfer the same to the file of the Court of learned Senior Civil Judge, Machilipatnam, for trial and disposal.

2. The respondent herein filed counter affidavit opposing the relief sought by the petitioner and requested this Court to dismiss the transfer civil miscellaneous petition filed by the petitioner.

3. Heard Sri Sai Gangadhar Chamarty, learned counsel appearing for the petitioner, and Sri K.Sarvabhouma Rao, learned counsel appearing for the respondent.

4. The contention of the petitioner herein is that the respondent herein engaged his close relative by name Shaik Mohammed Rafi and got filed O.S.No. 19 of 2024 on the file of the Court of learned Senior Civil Judge, Markapur, against the petitioner for recovery of an amount of Rs.22,02,350/- on the foot of a promissory note said to have been executed by him on 12-11-2022. The petitioner further contended that having noticed filing of more cases through strangers at various places, the petitioner herein along with ten others, who are residents of Bantumilli Village and carrying on aqua business and members of the chit run by the respondent, lodged a complaint before Government on 11-11-2024 and the same is pending. The petitioner herein pleaded that the respondent herein filed O.S.No. 24 of 2023 on the file of the Court of learned Junior Civil Judge, Bantumilli, Krishna District, for recovery of amount and another suit in O.S.No. 19 of 2024 was filed by Shaik Mohammed Rafi which is now pending on the file of the Court of learned Senior Civil Judge, Markapur, Prakasam District, and that therefore the petitioner herein is constrained to file this petition seeking to transfer O.S.No. 24 of 2023 to the file of the Court of learned Senior Civil Judge, Machilipatnam, Krishna District.

5. The material available on record prima facie goes to show that O.S.No. 24 of 2023 is filed by the respondent herein on the file of the Court of learned Junior Civil Judge, Bantumilli, on the foot of a promissory note said to have been executed by the petitioner herein on 10-10-2020 at Chinapandraka Village of Bantumilli Mandal. The material available on record further goes to show that O.S.No. 19 of 2024 has been filed by Shaik Mohammed Rafi on the file of the Court of learned Senior Civil Judge, Markapur, on the foot of a promissory note dated 12-11-2022 said to have been executed at Gurijepalli Village of Yerragondapalem Mandal by the petitioner herein. The petitioner herein has sought for transfer of O.S.No. 24 of

2023 from the file of the Court of learned Junior Civil Judge, Bantumilli, Krishna District, to the file of the Court of learned Senior Civil Judge, Machilipatnam, Krishna District.

6. As noticed supra, the cause of action and the dates of the alleged promissory notes are different in both the suits and the plaintiffs in both the suits are also different. Furthermore, no civil suit is pending between the same parties as on today before learned Senior Civil Judge, Machilipatnam.

7. The law is well settled that necessity or occasion to transfer a suit from one Court to another would arise if only there exists any similarity of cause of action or commonality of the parties. Such a situation does not exist in the case on hand. When such a situati