VEMURI SRI LAKSHMI RANGANAYAKAMMA Vs. CHITTURI SAROJINI

JUDGEMENT

(1.) This petition is "filed under Section 24 and Section 151 of C.P.C. and Section 17 (2) of the A.P. Civil courts Act, to transfer C.M.A. No. 105 of 1993 from the file of I Additional District Judge, Machilipatnam to the file of the Subordinate Judge, Machilipatnam to betried along with O.S.No. 202 of 1993 pending on the file of the Subordinate Judge, Machilipatnam.

(2.) In order to appreciate the contentions raised by the learned counsel for the petitioners and the learned counsel for the respondent in this transfer civil miscellaneous petition, it is necessary to state the following relevant facts: Petitioners filed O.S.No. 323 of 1993 on the file of Principal District Munsif court, Machilipatnam, for perpetual injunction. The claim of the petitioners for seeking injunction is based on an agreement of sale with possession, executed on 22-4-1993 by the respondent herein I.A. No. 1316 of 1993 in O.S.No. 323 of 1993 on the file of Principal District Munsif, Machilipatnam was filed by the plaintiff in that suit seeking for ad interim injunction. Notice was ordered in that I.A.No. 1316 of 1993; the sote respondent therein refused to receive the notice and was set exparte; and ad interim injunction was granted by the Principal District Munsif court on 14-12-1993. Aggrieved by the same, the respondent therein filed C.M.A.No. 105 of 1993 in the I Additional District Court, Machilipatnam. Interim suspension of the order appealed against, was granted by the District Judge pending disposal of C.MANo. 105 of 1993. Petitioners herein filed C.R.P.No. 838 of 1994 in this Court against that order and the said civil revision petition was allowed, directing the District Court to dispose of the C.MANo. 105 of 1993 within fifteen days from the date of receipt of a copy of the said order. Petitioners filed Tr.C.M.P. 101 of 1994 in this court to transfer C.M.A.No. 105 of 1993 from the I Additional District Court to the Principal District Court. That was dismissed by this Court on 11-7-1994. Respondent herein filed petitions before the Principal District Munsif, Machilipatnam, to set aside the exparte order dated 14-12-1993 in I.A. No. 1316 of 1993 and also to vacate the interim injunction already granted by that Court and those petitions are pending in that Court. Petitioners herein on 21-12-1993, filed another suit O.S.No. 202 of 1993 on the file of Subordinate Judge's Court at Machilipatnam against the respondent herein, for specific performance of the agreement dated 22-4-1993 executed by the defendants therein. I.A.No. 261 of 1994 was also filed by the petitioners herein in that suit O.S.No. 202 of 1993 praying for injunction. No injunction was granted therein, but notice was ordered, and that petition for injunction I.A.No. 261 of 1994 is still pending. Petitioners filed O. P. No. 29 of 1994 before the District Court, Machilipatnam to transfer O.S.No. 323 of 1993 from the Principal District Munsif, Machilipatnam to the Subordinate Judge's court, Machilipatnam, to be tried along with O.S.No. 202 of 1993 pending in the Subordinate Judge's Court, Machilipatnam. That O.P.No. 29 of 1994 was allowed transferring the suit O.S.No. 323 of 1993 from Principal District Munsif court, Machilipatnam to Subordinate Judge's Court Machilipatnam for being tried along with O.S.No. 202 of 1993 pending In the latter Court. One person by name Benarjee filed O.S.No. 294 of 1994 on the file of I Additional District Munsif's Court, Machilipatnam, claiming to be the tenant of the respondent herein, for perpetual injunction against the petitioner herein from interfering with his possession. I.A.No. 1264 of 1994 filed by the said Benarjee in the said suit O.S.No. 294 of 1994 for injunction was directed to be posted along with the suit and injunction was not granted. That l.A.No. 1264 of 1994 is still pending. Petitioners filed another O.P.No. 304 of 1994 in the District Court, Machilipatnam to transfer O.S.No. 294 of 1994 from the I Additional District Munsif court, Machilipatnam to the Subordinate Judge's Court Machilipatnam, to be tried along with the other connected suits, referred to above, and that transfer original petition was allowed and the suit O.S.No. 294 of 1994 is transferred to the Subordinate Judge's Court, Machilipatnam from the Court of I Additional District Munsif, Machilipatnam.

(3.) Now, this transfer petition is filed for transfer of C.M.A.No. 105 of 1993 from the file of the Additional District Judge, Machilipatnam to the file of the Subordinate Judge, Machilipatnam, as all the other suits between 'the parties have already been transferred to the Subordinate Judge's court, Machilipatnam and are pending in the said court. .The petitions filed by the respondent to set aside the exparte order and to vacate the injunction granted in I.A.No. 1316 of 1993 are also pending in the Subordinate Judge's Court Machilipatnam, now.