Allowed¶43

S. Lakshmi Reddy v. Madar Sab (Died)

Andhra Pradesh HC8 Apr 2026TRCMP/423/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer of suits; commonality of parties; similarity of cause of action; same subject-matter property; specific performance versus declaration of title and delivery of possession; avoidance of conflicting decisions; suits pending before II Additional Junior Civil Judge, Kurnool and I Additional District Judge, Kurnool; Tr.C.M.P. allowed; no costs.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed; O.S. No. 656 of 2017 withdrawn from the II Additional Junior Civil Judge, Kurnool and transferred to the I Additional District Judge, Kurnool; the II Additional Junior Civil Judge directed to transmit the case record expeditiously, preferably within two weeks; no order as to costs. ¶43

S. Lakshmi Reddy Vs Madar Sab (Died) — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether O.S.No.656 of 2017 (specific performance suit) should be withdrawn from the II Additional Junior Civil Judge, Kurnool and transferred to the I Additional District Judge, Kurnool to be tried along with O.S.No.62 of 2021 so as to avoid conflicting decisions.

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Court's answer

The necessity for transfer of a suit from one Court to another arises only where there exists similarity of cause of action or commonality of the parties.

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Ratio / Principle

Under Section 24 of the Code of Civil Procedure, 1908, the Court is conferred with comprehensive power to transfer suits, appeals and other proceedings at any stage, either on the application of any party or suo motu, and this power must be exercised with due care, caution and circumspection.

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Key takeaways

Since the parties and the subject property in both suits are one and the same, and the respondents' O.S. No. 62 of 2021 is a comprehensive suit (declaration of title and delivery of possession), withdrawing O.S. No. 656 of 2017 from the II Additional Junior Civil Judge, Kurnool and transferring it to the I Additional District Judge, Kurnool would enable the issues in both suits to be resolved once and for all without prejudice to the respondents.ratio¶40

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition No. 423 of 2025 under Section 24 CPC allowed. Petitioner sought withdrawal of his suit O.S. No. 656 of 2017 (specific performance of an agreement of sale) from the II Additional Junior Civil Judge, Kurnool and its transfer to the I Additional District Judge, Kurnool, to be tried along with the respondents' O.S. No. 62 of 2021 (declaration of title and delivery of possession) concerning the same land. Held: with parties and property identical in both suits, trial yet to commence in either, and the respondents' suit being comprehensive, transfer avoids conflicting decisions and permits resolution of all issues at once without prejudice to the respondents; case record transmission directed preferably within two weeks; no order as to costs.

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APHC010700592025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3397]

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THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO

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TRANS. CIVIL MISC.PETITION NO: 423/2025

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Between:

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S. LAKSHMI REDDY, S/O. VEERA REDDY, AGED 49 YEARS, RIO. H.NO.80-81 D, UPSTAIRS, ADITYA NAGAR, KAFUR, KURNOOL CITY

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...PETITIONER

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AND

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MADAR SAB DIED, (DIED)

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S MOHD YAKUB, S/O. LATE MADAR SAB, AGED ABOUT 60 YEARS, BUSINESS, R/O. H.NO 72-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT

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S GAFFAR, S/O LATE MADAR SAB, .AGED ABOUT 58 YEARS, BUSINESS, R/O. H.NO12-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT

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S BASHEER, S/O. LATE MADAR SAB, AGED ABOUT 56 YEARS, BUSINESS, R/O'. H.NO.72-1 1 9A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT

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S ABDULLAH, , S/O. LATE MADAR . SAB, AGED ABOUT 54 YEARS, BUSINESS, R/O., H.NO.72-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT

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S SAMAD, S/O. LATE MADAR SAB, AGED ABOUT 52 YEARS, BUSINESS, R/O. H.NO.72-119A-1, OLD KALLUR, KALLUR MANDAL

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KURNOOL DISTRICT

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S BASHEER S RASHEED, , S/O. LATE MADAR SAB, AGED ABOUT 50 YEARS, BUSINESS, R/O. H.NO.72-119A-1, OLD KALLUR, KALLUR MANDAL, KURNOOL DISTRICT

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SMT S RABIA BEE, W/O. LATE S. ABDUL GAFFAR, AGED 50 YEARS, HOUSEWIFE, RIO. H.NO.75/68, BHIMESWARA SWAMI TEMPLE, KALLUR, KURNOOL

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S MALAN BEE, , W/O. S. SHALL SAHEB, AGED 37 YEARS, HOUSEWIFE, R/O. H.NO75/7.0-A, KALLUR, KURNOOL

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S SHAIK AYESHA BEE, , D/O. LATE S ABDUL GAFFAR, AGED 35 YEARS, R/O. H.NO.75/68, BHIMESWARA SWAMI TEMPLE, KALLUR, KURNOOL

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...RESPONDENT(S):

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Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw O.S.No656 of 2017 on the file of II Additional Junior Civil Judge, Kurnool and transfer the same to the Court of the I Additional District Judge, Kurnool to try along with O.S.No.62 of 2021 on the file of I Additional District Judge, Kurnool, in the interest of justice. Otherwise, I will be put to irreparable loss and hardship

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay the proceedings in O.S.No.62 of 2021 on the file of Principal District Judge, Kurnool filed by the respondents herein against me seeking the relief of declaration of title and for delivery of possession of the suit schedule property consisting of agricultural land admeasuring a total extent of Ac.2.56 cents spread in Sy.No.195/1C to an extent of Ac. 1.91 cents and in Sy.No.195/2B to an extent of Ac.0.65 cents situated in Kallur within the limits of Sub-Registration of Kallur and Registration District of Kurnool as per Regd. Sale Deed dt.11.05.1973, since there will be conflicting decisions passed by the courts without being heard together pertaining to the same survey numbers and the lis pending among the same parties, in the interest of justice, pending disposal of the Tr.C.M.P., Otherwise, the petitioner will be put to irreparable loss and hardship.

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Counsel for the Petitioner:

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1.POPURI LAKSHMI PRIYANVITA

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Counsel for the Respondent(S):

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1.SRINIVASA RAO G CH

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The Court made the following:

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.423 of 2025

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ORDER:

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The present transfer application is filed by the petitioner for seeking transfer of O.S.No.656 of 2017 on the file of the learned II Additional Junior Civil Judge, Kurnool and transfer the same to the file of the learned I Additional District Judge, Kurnool to try along with O.S.No.62 of 2021 on the file of the learned I Additional District Judge, Kurnool.

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The petitioner herein has filed the suit in O.S.No.656 of 2017 on the file of the learned II Additional Junior Civil Judge, Kurnool seeking for the relief of specific performance of an agreement of sale. The respondents herein filed the suit in O.S.No.62 of 2021 on the file of the learned I Additional District Judge, Kurnool seeking the relief of declaration of title and for delivery of possession of the suit schedule land. The suit filed by the respondents viz., O.S.No.62 of 2021, is a comprehensive suit.

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The contention of the petitioner herein is that trial in both the suits has not commenced, and the subject matter of the property in both the suits is one and the same, and to avoid conflicting decisions, it is necessary to withdraw the suit of the petitioner on the file of the learned II Additional Junior Civil Judge, Kurnool and it may be transferred to the file of the learned I Additional District Judge, Kurnool, where O.S.No.62 of 2021 is pending.

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Though, several opportunities were accorded to the respondents to file a counter-affidavit, the respondents did not file the same. The necessity for transfer of suit from one Court to another would arise if only there exists any similarity of cause of action or commonality of the parties.

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Under Section 24 of the Code of Civil Procedure, 1908, this Court is conferred with comprehensive power to transfer suits, appeals, and other proceedings at any stage, either on the application of any party or suo motu. It cannot be gainsaid that the power to transfer a case must be exercised with due care, caution, and circumspection.

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The suit filed by the petitioner is for the relief of specific performance of an agreement of sale, whereas the suit filed by the respondents herein is for seeking the relief of declaration of their title and for delivery of possession. The subject matter of the property involved in both the suits is one and the same, and the parties in both the suits are also one and the same; however, the reliefs sought are quite different. Admittedly, both the suits are pending for trial, and the trial has not yet commenced. As noticed supra, since the parties in both the suits are one and the same and the nature of the property is also identical, and as the suit filed by the respondents, i.e., O.S. No. 62 of 2021, is a comprehensive suit, viz., one for declaration of title and for delivery of possession, if the suit in O.S. No. 656 of 2017 on the file of the learned II Additional Junior Civil Judge, Kurnool, is withdrawn and transferred to the file of the learned I Additional District Judge, Kurnool, where the comprehensive

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suit is pending, the issues in both the suits can be resolved once and for all, and no prejudice would be caused to the respondents.

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For the aforesaid reasons, this Court is of the considered view that it is desirable to withdraw O.S. No. 656 of 2017 from the file of the learned II Additional Junior Civil Judge, Kurnool and transfer the same to the file of the learned I Additional District Judge, Kurnool.

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In the result, the present Transfer Civil Miscellaneous Petition is allowed, and O.S. No. 656 of 2017, on the file of the learned II Additional Junior Civil Judge, Kurnool, is withdrawn and transferred to the file of the learned I Additional District Judge, Kurnool. The learned II Additional Junior Civil Judge, Kurnool, shall transmit the case record in O.S. No. 656 of 2017 to the Court of the learned I Additional District Judge, Kurnool, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed.

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Date: 09.04.2026 JLSR

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_______________________________ JUSTICE V. GOPALA KRISHNA RAO

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171

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

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TRANSFER CIVIL MISCELLANEOUS PETITION No.423 of 2025