RANJANA GADIA Vs. YEDLA RAMESH NAIDU

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner against the order dtd. 4/8/2022 in TOP No.4 of 2022 on the file of the court of Principal District Judge, Visakhapatnam filed under Sec. 24 CPC to transfer suit in O.S.No.468 of 2007 on the file of II Additional Junior Civil Judge, Anakapalli to try along with suit in O.S.No.10 of 2019 on the file of the Court of X Additional District Judge, Anakapalli, Visakhapatnam District.

(2.) TOP No.4 of 2022 was filed on the ground that O.S.No.468 of 2007 was filed before the Court of Principal Junior Civil Judge, Anakapalle by the petitioner for permanent injunction against the respondent in respect of property to an extent of Ac.4.72 1/2 cents land in S.No.239/9 to 14 and 16 to 20 of Gollapalem, Subbavaram Mandal, Visakhapatnam District. Later, the suit was transferred to the court of II Additional Junior Civil Judge, Anakapalli. The suit was posted for cross examination of DW.1 since December, 2018. As on the date of filing of the transfer petition, the said suit was adjourned to 28/1/2022. The respondent, along with 12 others, filed suit in O.S.No.10 of 2019 on the file of the Court of X Additional District Judge, Anakapalle against the petitioner, her husband and her vendors for declaration of title in respect of the same property which is the subject matter of O.S.No.468 of 2007. O.S.No.10 of 2019 was also posted to 28/1/2022 for taking steps to bring LRs of the defendants no.4, 8 and 16 who died. The petitioner submitted that the contentions and evidence of both parties is the same in both suits and therefore it is necessary that both suits be tried by the same Court to avoid multiplicity of evidence and conflicting judgments, since O.S.No.10 of 2019 is the comprehensive suit.

(3.) The respondent did not oppose the petition and did not file counter. However, the learned Principal District Judge directed, by a detailed order, the petitioner in the transfer O.P.No.4 of 2022 is as follows: