MADDILETL ALIVELAMMA Vs. SARASWATHAMMA

JUDGEMENT

(1.) This Civil Revision Petition under Article 227 of the Constitution of India is directed against an order dated 16-4-1998 on the file of the learned District and Sessions Judge, Chittoor withdrawing O.S. No.151 of 1992 pending on the file of the learned Senior Civil Judge's Court, Madanapalle and transferring the same to the file of the learned Principal Junior Civil Judge's Court. It is a proceeding on the administrative side by the learned District Judge.

(2.) It appears from the record that the petitioners herein filed O.S. No.151 of 1992 on the file of the learned Subordinate Judge's Court, Madanapalle, Chittoor District for declaration of their exclusive right and title to the estate of one Sreeramulu along with other reliefs. The suit was taken on file on 30-6-1992. The petitioners-plaintiffs have valued the suit for the purpose of Court fee and jurisdiction at Rs.78,750.00 and a Court fee of Rs.3,026/- was paid on the aggregate of amount under Section 6 of the A.P. Court Fees and Suits Valuation Act. The learned Senior Civil Judge after registering the suit directed summons to be issued to the respondents-defendants. The respondents- defendants having entered their appearance through an advocate filed their written statement opposing the suit filed by the petitioners-plaintiffs.

(3.) There is no dispute that as on the date of filing of the suit, the learned Senior Civil Judge, Madanapalle had the pecuniary jurisdiction to entertain the suit. In fact, the suit could have been filed only on the file of the learned Senior Civil Judge's Court. During the pendency of O.S. No.151 of 1992 before the learned Senior Civil Judge's Court, Madanapalle, the learned District Judge through the impugned proceedings withdrew the said suit and transferred the same to the Principal Junior Civil Judge's Court, Madanapalle on the purported ground that the learned Principal Junior Civil Judge, Madanapalle would have pecuniary jurisdiction to try the suit. The learned District Judge obviously appears to have passed such an order in view of the amendments to the A.P. Civil Courts Act, 1972 (for short 'the Act') as amended under Act 29 of 1997 which was published and came into force on 9-12-4997.