IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION NO : 4242 of 2007 Petition under Section ____ of CPC., to revise/against the order dated ______ in NO : of 0 on the file of the court of the Between: Seelam Rami Reddy, S/o. Sesha Reddy, R/o. Nadim Tiruvuru, Tiruvuru. ..... PETITIONER AND Ginjupalli Venkateswara rao alias Venkateswarlu, S/o. Rama Gopal alias Narasaiah, R/o. Nadim Tiruvuru, Tiruvuru. .....RESPONDENT Counsel for the Petitioner:MR.P.R.PRASAD Counsel for the Respondent : MR.C.M.R.VELU FOR RVAK-1 The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA C.R.P.No.4242 of 2007 ORAL ORDER: Heard both sides. 2. This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 28.02.2006, passed by the District Judge, Krishna at Machilipatnam, allowing the application Transfer O.P.No.322 of 2005, filed under Section 24 of the Code of Civil Procedure, seeking to withdraw the suit O.S.No.171 of 2005 from the file of Junior Civil Judge, Tiruvuru, and to transfer the same to the file of Senior Civil Judge, Nuzvid, to try along with O.S.No.78 of 2003, pending on its file. 3. The respondent herein filed the suit O.S.No.78 of 2003, against the petitioner herein, for permanent injunction and the petitioner herein filed the suit O.S.No.171 of 2005, against the respondent herein, for specific performance. 4. The Court below, having heard both sides and having considered the facts and circumstances, allowed the present application, withdrawing the suit O.S.No.171 of 2005 from the file of Junior Civil Judge, Tiruvuru, and transferring the same to the file of Senior Civil Judge, Nuzvid, for trial along with the suit O.S.No.78 of 2003, pending on its file. 5. Now, it is brought to the notice of this Court that the suit O.S.No.171 of 2005, pending on the file of Junior Civil Judge, Tiruvuru, was withdrawn and transferred to the file of Senior Civil Judge, Nuzvid, for trial along with the suit O.S.No.78 of 2003, pending on its file. It is also brought to the notice of this Court that, thereafter, the petitioner herein filed an application I.A.No.1371 of 2005 in O.S.No.78 of 2003, seeking to withdraw the suit O.S.No.78 of 2003, from the file of Senior Civil Judge, Nuzvid, and to transfer the same to the file of Junior Civil Judge, Tiruvuru, which was allowed by the Court below, with costs, inasmuch as, there was no objection from the side of respondent herein. 6. The very purpose of withdrawing the suit O.S.No.171 of 2005 from the file of Junior Civil Judge, Tiruvuru, and transferring the same to the file of Senior Civil Judge, Nuzvid, to try along with O.S.No.78 of 2003, pending on its file, is lost, inasmuch as, the suit O.S.No.78 of 2003 pending on the file of Senior Civil Judge, Nuzvid, was later withdrawn and transferred to the file of Junior Civil Judge, Tiruvuru. 7. Therefore, after all it is only in the interest of justice and for the convenience of both parties, the suit O.S.No.171 of 2005 was withdrawn from the file of Junior Civil Judge, Tiruvuru, and transferred to the file of Senor Civil Judge, Nuzvid, for trial along with the suit O.S.No.78 of 2003, pending on its file. 8. Now, the learned counsel appearing for the petitioner requests this Court to withdraw the suit O.S.No.171 of 2005 from the file of Senior Civil Judge, Nuzvid, and transfer the same to the file of Junior Civil Judge, Tiruvuru, in order to avoid conflicting decisions, for better appreciation of the contentions of both parties and that it will also be convenient for both parties, for which the learned counsel appearing for the respondent also expressed no objection. 9. Therefore, in view of the facts and circumstances, the suit O.S.No.171 of 2005, pending on the file of Senior Civil Judge, Nuzvid, is to be withdrawn and transferred to the file of Junior Civil Judge, Tiruvuru, for trial along with O.S.No.78 of 2003, pending on its file, in accordance with law. 10. In the result, the Civil Revision Petition is disposed of, at the stage of admission, and the suit O.S.No.171 of 2005, pending on the file of Senior Civil Judge, Nuzvid, is hereby withdrawn and transferred to the file of Junior Civil Judge, Tiruvuru, for trial along with O.S.No.78 of 2003, pending on its file, in accordance with law. However, there shall be no order as to costs. ____________________ JUSTICE D.S.R.VARMA 07TH AUGUST 2009 LMV/KRK THE HON’BLE SRI JUSTICE D.S.R.VARMA C.R.P.No.4242 of 2007 07TH AUGUST 2009