N KAMALA Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 23-7-2007 passed by the II Additional District Judge, vijayawada, returning the Transfer OP. filed by the petitioner by observing that the said court has no jurisdiction to entertain the transfer O. Ps. and directed to present before the proper Court.

(2.) THE petitioner mentioned in the affidavit filed in support of the transfer OP. that the respondents 1 and 2 filed a suit for partition in the Court of III Additional Senior civil Judge, Vijayawada, against him and other respondents for partition of the suit property contending that it is a joint family property. The respondents 1 and 2 are not having any sort of right, interest or share in the property, as the suit schedule property is his self-acquired property. The respondents filed the suit to harass him and coerce him for a compromise. The respondents 1 and 2 and their mother, who is the wife of the petitioner, are living separately since a long time. After trial, the suit is posted to 13-2-2006 for judgment. While so, the suit was transferred to the court of Senior Civil Judge, Nandigama and is renumbered as O. S. No. 30 of 2006. The parties belong to Vijayawada and it was originally on the file of III Additional Senior civil Judge, Vijayawada. The suit property is also situated at Vijayawada. It will be convenient for both the parties to have a final disposal at Vijayawada Court. Therefore, it is just and convenient to transfer the suit from the Court of the Senior Civil Judge, nandigama to the Court of the III Additional senior Civil Judge, Vijayawada.

(3.) WHEN the petition was returned, the present revision petition has been filed contending that the failure of the lower Court in entertaining the transfer OP. is contrary to the settled principles of law and the lower court failed to take into consideration the totality of the circumstances and the Court below ought not have observed that the said court has no jurisdiction to entertain the transfer OP. , therefore, the order of the lower court is liable to be set aside.