THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Tr.C.M.P.No.23 of 2011 ORDER: The 1st respondent filed O.S.No.61 of 2010 in the Court of Junior Civil Judge, Torruru, against the petitioner and three others, for the relief of perpetual injunction, in respect of two items of landed property situated at Thanamcherla Village, Maripeda Mandal, Warangal District. The petitioner, on the other hand, filed O.S.No.171 of 2010 in the Court of Senior Civil Judge, Suryapet, for partition and separate possession of as many as 13 items of property, and out of them, three are situated at Suryapet and rest of them are at Thanamcherla. The 1st respondent herein is shown as 1st defendant in the suit. The petitioner seeks transfer of O.S.No.61 of 2010 pending in the Court of Junior Civil Judge, Torruru to the Court of Senior Civil Judge, Suryapet. He contends that, unless both the suits are tried by one and the same Court, there is every likelihood of conflicting judgments being rendered on one and the same issue. Heard Sri K.Narasimha Chary, learned counsel for the petitioner; Sri K.Mahipathi Rao, learned counsel for the 1st respondent and Sri Balaji learned counsel for respondents 2 and 4. Though the 3rd respondent is served, he has not entered appearance. The suit filed by the petitioner is for the relief of partition and separate possession of the suit schedule properties. It is no doubt true that there is overlapping of schedules in both the suits. It is also desirable that the suits are heard by one and the same Court, so that the possibility of conflicting judgments being rendered is avoided. The cause-title discloses that all the parties to the proceedings are residents of Warangal District. Though there may have been justification for the petitioner to file a suit in the Court of Senior Civil Judge, Suryapet, technically, if one takes into account the convenience of the parties that Court would not at all suit. Added to that, vast majority of the properties are situated in Warangal District. Though it cannot be said that the filing of the suit in the Court of Senior Civil Judge, Suryapet, is improper, the transfer of the suit filed by the 1st respondent to that Court does not appear to be justified, particularly when the petitioner himself is resident of Warangal District. When the same is pointed out, leaned counsel for the petitioner and learned counsel for respondents 2 and 4 stated that they do not have any objection, if O.S.No.171 of 2010 is transferred to a Court of competent jurisdiction in Warangal district and O.S.No.61 of 2010 is transferred to that very Court. Having regard to the facts and circumstances of the case, the Tr.C.M.P. is allowed directing that, a) O.S.No.171 of 2010 pending in the Court of Senior Civil Judge, Suryapet, shall stand transferred to the Court of Senior Civil Judge, Mahabubabad; b) O.S.No.61 of 2010 pending in the Court of Junior Civil Judge, Torruru, shall stand transferred to the Court of Junior Civil Judge, Mahabubad; and c) On receiving the record in both the suits, the Court of Senior Civil Judge, shall club them and hear and dispose of through a common judgment. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:13.04.2011 Note: Furnish C.C. in three days. (B/o) GJ