APHC010515332024 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: 394/2024 Between:

Vanka Srinivasa Rao ...PETITIONER AND Shaik Mohamad Rafi ...RESPONDENT Counsel for the Petitioner:

1. SAI GANGADHAR CHAMARTY Counsel for the Respondent:

1. PEETHA SHIVA SAI DATTATHREYA RAJU 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. 19 of 2024 from the file of the Court of learned Senior Civil Judge, Markapur, 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 Peetha Shiva Sai Dattathreya Raju, learned counsel appearing for the respondent.

4. The contention of the petitioner herein is that one Mohammed Habibulla, who is the plaintiff in O.S.No. 24 of 2023 on the file of the Court of learned Junior Civil Judge, Bantumilli, is close relative of the respondent herein who was engaged to file the suit in O.S.No. 19 of 2024 against the petitioner herein on the file of the Court of learned Senior Civil Judge, Markapur, 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. 19 of 2024 on the file of the Court of learned Senior Civil Judge, Markapur, Prakasam District, for recovery of amount and another suit in O.S.No. 24 of 2023 was filed by Mohammed Habibulla which is now pending on the file of the Court of learned Junior Civil Judge, Bantumilli, Krishna District, and that therefore the petitioner herein is constrained to file this petition seeking to transfer O.S.No. 19 of 2024 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. 19 of 2024 is filed by the respondent herein on the file of the Court of learned Senior Civil Judge, Markapur, on the foot of a promissory note said to have been executed by the petitioner herein on 12-11-2022 at Gurijepalli Village of Yerragondapalem Mandal. The material available on record further goes to show that O.S.No. 24 of 2023 has been filed by Mohammed Habibulla on the file of the Court of learned Junior Civil Judge, Bantumilli, on the foot of a promissory note dated 10-10-2020 said to have been executed at Chinapandraka Village of Bantumilli Mandal by the petitioner herein. The petitioner herein has sought for transfer of O.S.No. 19 of 2024 from the file of the Court of learned Senior Civil Judge, Markapur, Prakasam 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