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IN THE COURT OF PRINCIPAL DISTRICT JUDGE,
VIKARABAD DISTRICT.
Present: M. Nagaraju,
Principal District Judge,
Vikarabad District.
Dated this the 06th day of May, 2026
Tr.O.P.No. 02 of 2026
Between:
1. Uppari @ Kankal Venkatesham, S/o. Chennaiah, Aged 63 years, Occ: Agriculture,
2. Kalepally Parijatha D/o. U. Venkatesham, Aged 35 Years, Occ: Agriculture,
Both are R/o. H. No.5-6, Parigi Town and Mandal, Vikarabad District.
...Petitioners
AND
1. Vadithya Anjya Nayak, S/o.Chander, Aged 33 years, Occ: Agriculture, R/o. H.No.1-222, Mansanpally Village, Peddemul Mandal, Vikarabad District.
2. Smt. Nenavat Kamli Bai W/o.Nenavat Sankar, Aged 50 years, Occ: Agriculture, R/o. H.No.2-42, Madananthapur Village, Peddemul Mandal, Vikarabad District.
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3. Patlolla Jagan Mohan Reddy S/o. P. Balakrishna Reddy, Aged about 40 Years, Occ: Private Employee, R/o. H.No.1-27, Pudur Village and Mandal, Vikarabad District.
…Respondents
IN THE COURT OF THE SENIOR CIVIL JUDGE,
AT VIKARABAD, VIKARABAD DISTRICT.
IN
O.S.No. 02 of 2023
Between :
1. Uppari @ Kankal Venkatesham, S/o. Chennaiah, Aged 59 years, Occ: Agriculture,
2. Kalepally Parijatha D/o. U. Venkatesham, Aged 32 Years, Occ: Agriculture,
Both are R/o. H. No.5-6, Parigi Town and Mandal, Vikarabad District
...Plaintiff Nos.1 and 2
AND
1. Vadithya Anjya Nayak, S/o.Chander, Aged 33 years, Occ: Agriculture, R/o. H.No.1-222, Mansanpally Village, Peddemul Mandal, Vikarabad District.
2. Smt. Nenavat Kamli Bai W/o.Nenavat Sankar, Aged 50 years, Occ: Agriculture, R/o. H.No.2-42, Madananthapur Village, Peddemul Mandal, Vikarabad District.
...Defendant Nos.1 and 2
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IN THE COURT OF THE JUNIOR CIVIL
JUDGE, AT PARIGI, VIKARABAD DISTRICT.
IN
O.S.No.134 of 2023
Between :
Smt. Nenavat Kamli Bai W/o.Nenavat Shankar, Aged 50 years, Occ: Agriculture, R/o. H.No.2-42, Madananthapur Village, Peddemul Mandal, Vikarabad District.
...Plaintiff
AND
1. Uppari @ Kankal Venkatesham, S/o. Late Chennaiah, Aged 59 years, Occ: Agriculture,
2. Kalepally Parijatha D/o. U. Venkatesham, Aged 33 Years, Occ: Agriculture,
Both are R/o. H. No.5-6, Parigi Town and Mandal, Vikarabad District.
...Defendants
IN THE COURT OF THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, AT
VIKARABAD, VIKARABAD DISTRICT.
IN
O.S.No.39 of 2025
Between :
Patlolla Jagan Mohan Reddy S/o. P. Balakrishna Reddy, Aged about 40 Years, Occ: Private Employee, 4 Trop No. 2 of 2026 Dt:06.05.2026
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R/o. H.No.1-27, Pudur Village and Mandal, Vikarabad District.
...Plaintiff
AND
1. Vadithya Anjya Nayak, S/o.V. Chander Nayak, Aged 36 years, Occ: Farmer, R/o. H.No.1-22, Mansanpally Village, Peddemul Mandal, Vikarabad District.
2. Smt. Nenavat Kamli Bai W/o.Nenavat Sankar, Aged 53 years, Occ:Farmer, R/o. H.No.2-42, Madananthapur Village, Peddemul Mandal, Vikarabad District.
3. Uppari @ Kankal Venkatesham, S/o. Late Chennaiah, Aged 63 years, Occ: Agriculture,
4. Smt.Kalepally Parijatha D/o. U. Venkatesham, Aged 35 Years, Occ: Agriculture,
Both are R/o. H. No.5-6, Parigi town and Mandal, Vikarabad District.
...Defendants
This Transfer O.P. is listed before me for orders in the presence of Sri Dr. Patlolla Varun Reddy, Advocate for Petitioner
Nos.1 and 2 and M/s. N. Purushotham Reddy, Advocate for the respondent Nos. 1 and 2 and Respondent No.3 remained ex parte and the matter having been stood over for consideration till this day, this Court delivered the following:
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: O R D E R :
1. This Transfer petition under Section 24 of the Code of
Civil Procedure is filed to withdraw O.S.No. 02 of 2023 from the file of Senior Civil Judge Court at Vikarabad along with
O.S.No.39 of 2025 on the file of the I Additional District and
Sessions Judge, Vikarabad and also OS No.134 of 2023 on the
file of Junior Civil Judge, Parigi, to be transferred and the same to be tried jointly on the file of I Additional District and
Sessions Judge, at Vikarabad.
2. The contents of the petition are as follows:
(i) The petitioners submits that the above three (3) cases are pending on the file of respective courts are connected with regard to the suit property being identical and the parties are also identical but the different reliefs sought and to be preferable tried jointly by the I Additional District and
Sessions Judge, at Vikarabad, which is the appropriate forum
to address the issue in hand holistically, by transferring all the three (3) respective cases from their respective filing courts to the file of the I Additional District and Sessions Judge, at
Vikarabad, to put a quietus to the litigation and to avoid multiplicity of litigation, thereby burdening the courts and leading to conflicting and split judgments, which shall leads to 6 Trop No. 2 of 2026 Dt:06.05.2026
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confusion and difficulty in execution, thereby burdening the litigants and also to the courts. It is prayed that the court may be pleased to transferred the OS No.02 of 2023 from the file of
Senior Civil Judge Court, Vikarabad along with O.S.No.39 of
2025 on the file of the I Additional District and Sessions
Judge, Vikarabad and also OS No.134 of 2023 on the file of
Junior Civil Judge, Parigi, to be transferred and the same to be tried jointly on the file of I Additional District and Sessions
Judge, at Vikarabad for effective and comprehensive
adjudication of the matters and pleased to pass any such further order or orders which the Court may deem fit and proper in the circumstances of the case and in the interest of justice.
3. The Respondent No.3 remained ex parte.
4. The learned counsel for the respondent Nos. 1 and 2 filed counter affidavit and submits that this Transfer Petition is vague, vexatious and meritless. The transfer petitioners fails to give proper reasoning much less any reasoning for transfer the suits for joint trial along with OS No.39 of 2025 filed at the instigation of the transfer Petitioner and make out a case for transfer the suits and tried jointly along with the OS No.39 of 2025. It is submitted that there is no provision under the 7 Trop No. 2 of 2026 Dt:06.05.2026
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Section 24 of CPC to transfer the suits from one Court to another Court to try the suits jointly. Hence, on this ground also the transfer petition is not maintainable. It is further submitted that this transfer petition is also not maintainable on the grounds (a). suppression of material facts (b). the judgment passed in OS No.02 of 2023 will different with that of the judgment to be passed in OS No.39 of 2025 and in OS No. 134 of 2023 (c). the cause of action is also not one and the same in all three suits, occurrence cause of action is not one and the same in all the suits, transfer petition is not maintainable (d).
the parties are also not one and the same in all the suits. It is submitted that in OS No.02 of 2023 pending on the file of
Senior Civil Judge Court, Vikarabad, is filed by the transfer
petitioners herein against the respondents Nos. 1 and 2 herein only and the respondent No.3 herein is not a party to the said
OS No.02 of 2023. The OS No. 134 of 2023 is filed by the
respondent No.2 herein in this transfer petition against the transfer petitioners before the Junior Civil Judge Court, Pargi, for the Permanent Injunction and the 1st respondent herein in this petition and the 3rd respondent herein who is the plaintiff in
OS No.39 of 2025 are not parties to OS 134 of 2023. OS 39 of
2025 pending before the I Additional District Court, Vikarabad was filed by the respondent No.3 herein in this transfer petition against the plaintiff in OS No.02 of 2023 and the respondent 8 Trop No. 2 of 2026 Dt:06.05.2026
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Nos. 1 and 2 herein for the relief of Specific Performance of suit based on the alleged Agreement of Sale Deed stated to have been executed by the respondent No.1. The cause of actions in all the suits is different and distinct and not one and the same. Hence, this transfer petition is filed on vexatious and meritless and not maintainable. It is further submitted that the transfer petitioners failed to establish that the common point or issue is involved and the judgment if any passed in OS No.02 of 2023 will conflict with that of the judgment to be passed in
OS No.39 of 2025 or in OS 134 of 2023. It is submitted to club
and record common evidence of joint trials in all/both suits, the cause of action and claim should one and the same and all the parties i.e. the plaintiffs and defendants are also be the same parties involved in the subject matters of all/both the suits. The
OS No.02 of 2023 is filed for cancellation of Sale Deed, the OS
No.134 of 2023 is filed for Perpetual Injunction and OS 39 of 2025 is filed for Specific Performance of Agreement of Sale.
The parties in all the suits are also not one and the same. The cause of action in all the suits are different and the parties are also not the same and the defendants are also different. Hence, the transfer petition is not maintainable and liable to be dismissed. It is further submitted that the petition filed by the petitioners is vexatious, meritless and with view to create some misunderstand or to create confusion by mixing all the cases 9 Trop No. 2 of 2026 Dt:06.05.2026
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which are not connected to each other and the claims are also not the same and the cause of actions in each of the suit are different and distinct and the parties are also not the same and all are not the stake holders/claimants in the suits to be transferred. Hence, prayed to dismiss the Transfer Petition.
5. Heard both sides. Perused the record and also perused the written arguments and the memo of citations filed.
6. Now the point for consideration is:
“Whether the Petitioners have made out valid and
sufficient grounds to transfer the O.S.No. 02 of 2023 from
the file of Senior Civil Judge Court at Vikarabad along with
O.S.No.39 of 2025 on the file of I Additional District and
Sessions Judge at Vikarabad and O.S.No.134 of 2023 on the
file of Junior Civil Judge Court, at Pargi, to be tried jointly
on the file of I Additional District and Sessions Judge at
Vikarabad, as prayed for”?
POINT:-
7. Having regard to the contentions of both sides, I have carefully gone through the material available on record and it shows that the petitioners are the plaintiffs and the Respondent
Nos. 1 and 2 are the Defendants in O.S.No. 02 of 2023, which is filed for cancellation of registered Sale Deeds in respect of the land in survey No. 448/A/2, admeasuring Ac.05-00 gts., and the land in survey No. 448/A/1 admeasuring Ac.04-19 10 Trop No. 2 of 2026 Dt:06.05.2026
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gts., both are situated at Kankal Village, Pudur Mandal,
Vikarabad District, pending on the file of Senior Civil Judge,
Vikarabad and the respondent No.3 is the plaintiff and the
Respondent Nos.1, 2, petitioner Nos.1, 2 are the defendants in
O.S.No.39 of 2025, which is filed for Specific Performance of
Agreement of Sale, in respect of the land in survey No.
448/A/2, admeasuring Ac.05-00 gts., and the land in survey
No. 448/A/1 admeasuring Ac.04-19 gts., both are situated at
Kankal Village, Pudur Mandal, Vikarabad District, pending on the file of I Additional District and Sessions Judge, Vikarabad and the respondent No.2 is the plaintiff and petitioner Nos.1, 2 are the defendants in O.S.No.134 of 2023, which is filed for
Perpetual Injunction, in respect of the land in survey No.
448/A/2, admeasuring Ac.05-00 gts., and the land in survey
No. 448/A/1 admeasuring Ac.04-19 gts., both are situated at
Kankal Village, Pudur Mandal, Vikarabad District pending on the file of Junior Civil Judge, Parigi. Further, the part of the subject matter in both the suits is one and the same and the parties interested in both the suits are also one and the same.
Further, the suit schedule properties in O.S.No.02 of 2023 on the file of Senior Civil Judge, Vikarabad and in O.S. No.134 of 2023 on the file of Junior Civil Judge, Pargi are the part and parcel of the schedule property in O.S.No.39 of 2025 on the 11 Trop No. 2 of 2026 Dt:06.05.2026
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file of I Additional District and Sessions
Judge, Vikarabad District.
8. On the otherhand, the learned counsel for respondents
No.1 and 2 also filed written submissions in support of his oral submissions by reiterating the averments of the counter affidavit filed by them. Further, also filed following Case Laws:
(i). The judgment of the Hon’ble High Court for the State of
Andhra Pradesh in between Arka Lakshmi Manohari V/s.
Pillimoggala Ranga Rao, dated 21-08-2015.
(ii). The judgment of the Hon’ble High Court for the State of
Telangana, Civil Revision Petition No.1657 of 2022, in between H.B. Shiva Kumar Singh V/s. Polepeddi Vishwanath,
dated 02-04-2025.
(iii). The judgment of the Hon’ble High Court for the State of
Andhra Pradesh in between Adapa Eswara Kumari V/s. Adapa
Seena, dated 16-12-2019.
The counsel for respondents No.1 and 2 submitted that, from the above case laws, held that consolidation or joint trial may be ordered only when common questions of law and facts, common parties, common cause of action and common claims arise and when such consolidation would avoid multiplicity of proceedings without causing prejudice. Further submitted that 12 Trop No. 2 of 2026 Dt:06.05.2026
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in the present case, neither the cause of action nor the issues nor claims nor parties are common.
9. The learned counsel for respondents No.1 and 2 also filed the citation of the Hon’ble Supreme Court of India in the case of Kulwinder Kaur v/s. Kandi Friends Education Trust, held that transfer power must be exercised sparingly and only when justice demands, and submitted that, no such grounds exist in the present case.
10.Upon careful consideration of the pleadings, oral and written submissions and citations filed, this Court observes that the primary test for transfer of a suit under Sections 22 to 24 of the Code of Civil Procedure is whether the interests of justice require the transfer and whether multiplicity of proceedings or the risk of conflicting judgments would result if the transfer is not allowed. While it is true that the Cause of
Action in all the suits are not strictly identical, there is no dispute that the properties in question pertaining to the same survey numbers and same extents and the parties are common to all the suits. As such the contention of the respondents that consolidation or joint trial may be ordered only when common questions of law and facts, common parties, common cause of action and common claims arise and when such consolidation 13 Trop No. 2 of 2026 Dt:06.05.2026
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would avoid multiplicity of proceedings without causing prejudice and that in the present case, neither the cause of action nor the issues nor claims nor parties are common, is not tenable. However, the reliefs sought in the suits are different, this Court cannot ignore the fact that parties are common to both the suits and the subject matter is also same, as such, there is every possibility of conflicting judgments in the suits.
Moreover, it is not the case of the respondents that in the above three suits trial has commenced. So, no prejudice will be caused if O.S.No.02 of 2023 is transferred from the Court of Senior Civil Judge, Vikarabad and O.S.No.134 of 2023 is transferred from the Court of Junior Civil Judge, Pargi, to the
Court of I Additional District and Sessions Judge, Vikarabad.
Hence, by considering the facts and circumstances of the case, this Court is inclined to consider the prayer of the petitioners i.e., withdrawing O.S.No. 02 of 2023 on the file of Senior
Civil Judge Court at Vikarabad along with O.S.No.134 of
2023 on the file of Junior Civil Judge Court, at Pargi to be transferred to the I Additional District and Sessions Judge at
Vikarabad to be tried along with the O.S.No.39 of 2025 pending on the file of I Additional District and Sessions Judge at Vikarabad.
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11. In the result, the petition is allowed withdrawing
O.S.No.02 of 2023 on the file of Senior Civil Judge Court, at
Vikarabad along with O.S.No.134 of 2023 on the file of Junior
Civil Judge Court, at Pargi and transferring the same to the
Court of I Additional District and Sessions Judge, at
Vikarabad and to be tried along with the O.S.No.39 of 2025 pending on the file of I Additional District and Sessions Judge, at Vikarabad and to decide the same according to the law. No costs.
Typed to my dictation by Stenographer Grade-I, corrected and pronounced by me in the open Court on this the 06 th day of May, 2026.
PRINCIPAL DISTRICT JUDGE,
VIKARABAD DISTRICT.
APPENDIX OF EVIDENCE
-Nil-
PRINCIPAL DISTRICT JUDGE,
VIKARABAD DISTRICT.
Copy to:
1. The Senior Civil Judge, at Vikarabad, Vikarabad District.
2. The Junior Civil Judge, at Parigi, Vikarabad District.
3. The I Additional District and Sessions Judge, at Vikarabad, Vikarabad District.