THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Transfer C.M.P.No.239 of 2010 ORDER: The respondent filed O.S.No.125 of 2006 in the Court of Additional Senior Civil Judge, Srikakulam against the petitioner for the relief of declaration of title and other consequential reliefs in respect of the suit schedule property. The petitioner in turn filed O.S.No.22 of 2007 in the Court of I Additional District Judge, Srikakulam against the respondent for the relief of mandatory injunction as regards the same property. It also filed T.O.P.No.158 of 2009 before the District Judge, Srikakulam with a prayer to transfer O.S.No.125 of 2006 to the Court of I Additional District Judge, Srikakulam. The O.P. was dismissed on 17.08.2009. Hence, this Transfer C.M.P. Heard the learned counsel for the petitioner. Though the respondent is served with notice, he has not chosen to enter appearance. It is no doubt true that the petitioner ought to have taken steps for transfer of the suit soon after O.S.No.22 of 2007 was filed by it. Further, it is not known whether notice in O.S.No.125 of 2006 was served upon it by the time O.S.No.22 of 2007 was filed. Be that as it may, no prejudice would be caused to either of the parties, in case both the suits are tried together. Since the subject matter and parties are common to both the suits, it becomes necessary to dispose of them together. Therefore, the transfer C.M.P. is allowed and O.S.No.125 of 2006 is transferred from the Court of Additional Senior Civil Judge, Srikakulam to the Court of I Additional District Judge, Srikakulam. On such transfer, it shall be heard along with O.S.No.22 of 2007. There shall be no order as to costs. __________ 06.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Transfer C.M.P.No.239 of 2010 Date: 06.08.2010 JSU