G VENKATA KRISHNAIAH Vs. A RAMAIAH

JUDGEMENT

(1.) This revision petition is directed against the order dated 14-2-1990 passed by the IV Additional District Munsif, Nellore dismissing I.A. No. 806 of 1989 in O.S. No. 574 of 1986 filed under Section 5 of Limitation Act.

(2.) The grievance made out by the petitioner is that initially he filed O.S. No. 234 of 1983 on the file of the District Munsif's Court, Gudur against the respondent for a permanent injunction. Along with the said suit, an application under Order, 39 Rule 1 and 2 of the Civil Procedure Code was also filed seeking a temporary injunction against the respondent-defendant. The lower Court initially granted an ex-parte interim injunction and later on made it absolute by order dated 3-6-1986.

(3.) While so, the respondent herein, who figured as the defendant in O.S. No. 234 of 1983, filed O.S. No. 779 of 1983 on the file of the Principle District Munsif's Court, Nellore against the petitioner here in respect cf the same property which is the subject- matter of O.S. No. 234 of 1983. Later on he also filed a petition under Section 24 C.P.C. before the District Court, Nellore seeking transfer of O.S.No. 234 of 1983 from the Court of District Munsif, Gudur to the Court of Principal District Munsif, Nellore for being tried along with O.S. No. 779/83 on the ground that the subject-matter of the suits as well as the parties to both the suits are one and the same. The District Court, on considering the contention, allowed the petition and directed transfer of O.S. No. 234 of 1983 pending on the file of the Court of the District Munsif, Gudur to the Court of the Principal District Munsif, Nellore for being tried along with O.S. No. 779 of 1983.