N.VENKATA RAMA PRASAD Vs. K.KOTESWARA RAO

JUDGEMENT

(1.) The petitioner, who is the first defendant in O.S.No.14 of 2012 on the file of VII Additional District Judge, Vijayawada, filed this application seeking to withdraw the said suit and to transfer the same to any other Court having jurisdiction.

(2.) The first respondent herein is the plaintiff in the said suit. He filed the suit for recovery of an amount of Rs.4,85,64,801/- and claimed interest. The petitioner herein filed a written statement denying the averments made by the first respondent-plaintiff. The first respondent filed I.A.No.24 of 2012 seeking ad-interim order of temporary injunction restraining the defendants in the suit from alienating the suit schedule property. The petitioner herein filed counter. Arguments were heard in the last week of April, 2012. When the case was posted for arguments of the petitioner on 12.06.2012, at his instance adjourned to 18.06.2012. On that day, counsel for the petitioner advanced his arguments and I.A was posted for reply to 28.06.2012. The matter was adjourned thereafter at the request of the first respondent to 06.07.2012, again to 25.07.2012. On 16.07.2012, the first respondent filed a petition for advancement alleging that the petitioner herein and respondents 2 to 9 were selling the property to third parties. Notice was issued to the petitioner on 16.07.2012.

(3.) The petitioner filed counter on 18.07.2012, contending that his counsel has already advanced arguments and on the request made by the first respondent- plaintiff, the matter was posted to 20.07.2012. As the first respondent has not turned up on that day, the matter was posted to 25.07.2012. The petitioner in the affidavit filed in support of the transfer petition stated as follows: