SHAIK AHMMAD HUSSAIN Vs. SHAIK KHAJAPEER

JUDGEMENT

(1.) This revision petition is filed against the order dtd. 7/8/2019 transferring O.S.No.2 of 2013 from V Additional District Judge, Rayachoty to IV Additional District Judge, Kadapa.

(2.) Petitioner is the defendant. Suit O.S.No.2 of 2013 was filed for specific performance of agreement of sale dtd. 20/4/2010. As per the plaint, the plaintiff was the absolute owner of registered sale deed bearing document No.3352/2010 pertaining to the suit schedule property. Subsequently, the said property was conveyed in favour of the defendant under registered sale deed dtd. 19/4/2010 vide document No.3353/2010 as security for the amount lent by the defendant. The defendant, in turn, had executed an agreement of sale on 20/4/2010 agreeing reconveying the property for a sum of Rs.10.00 lakhs. A written statement was filed disputing the claim.

(3.) In the suit, the issues were framed and trial was completed and the suit was coming up for arguments. At that stage, the impugned order was passed by the Principal District Judge, Kadapa transferring the suit from the V Additional District Judge, Rayachoty to Principal District Judge, Kadapa and was made over to IV Additional District Judge, Kadapa for disposal. Hence the present revision petition questioning the same, on the ground that there was no notice issued to the Petitioner before passing the impugned order.