IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. KANTHA RAO CIVIL REVISION PETITION No.5758 OF 2010 Between: Gudivada Narayanamma (Died) Bagga Suramma and another. --- Petitioners/ Petitioners/ Plaintiffs. AND Gudivada Sri Ramulu and seven others. --- Respondents/ Respondents/ Defendants. The Court made the following: THE HON'BLE SRI JUSTICE R. KANTHA RAO CIVIL REVISION PETITION No.5758 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 19-02-2010 made in F.D.I.A. No.384 of 2002, on the file of the Principal Junior Civil Judge, Vizianagaram, whereunder and whereby the learned Principal Junior Civil Judge, Vizianagaram, dismissed F.D.I.A. No.384 of 2002 on point of jurisdiction. 2. Heard the learned counsel appearing for the revision petitioners. 3. The revision petitioners originally filed O.S. No.29 of 1993 on the file of the Principal Junior Civil Judge, Vizianagaram, seeking partition of the schedule mentioned properties. However, subsequently, the learned District Judge, Vizianagaram, transferred the suit on administrative grounds to Junior Civil Judge’s Court, Gajapatinagaram, for disposal. Thereafter, the suit was renumbered as O.S. No.181 of 1996 on the file of Junior Civil Judge’s Court, Gajapatinagaram, and was disposed of granting preliminary decree. Challenging the said preliminary decree, defendants i.e., respondents herein filed A.S. No.73 of 1998 on the file of I Additional District Judge, Vizianagaram. The learned I Additional District Judge, Vizianagaram, modified the decree holding that the first revision petitioner (deceased) alone is entitled to the share in the schedule mentioned properties. Subsequently, revision petitioner Nos.2 and 3, who are none other than the daughters of the first plaintiff, filed final decree petition in F.D.I.A. No.1593 of 2000, which was dismissed as not pressed by the learned Principal Junior Civil Judge, Vizianagaram on 09-12-2001. Later, the revision petitioner Nos.2 and 3 filed another final decree petition in F.D.I.A. No.384 of 2002 on the file of Principal Junior Civil Judge, Vizianagaram and the learned Principal Junior Civil Judge, has returned the final decree petition in F.D.I.A. No.384 of 2002 on the ground that the Court which passed the preliminary decree only has jurisdiction to entertain the final decree petition. 5. The view taken by the learned Principal Junior Civil Judge, Vizianagaram, is apparently erroneous. It is not the case wherein the Principal Junior Civil Judge, Vizianagaram, has neither territorial jurisdiction nor pecuniary jurisdiction to try the suit at all. O.S. No.29 of 1993 was only transferred by the learned District Judge, Vizianagaram, because of work load in the Principal Junior Civil Judge’s Court at Vizianagaram, on administrative grounds. It cannot, therefore, be said that the Principal Junior Civil Judge’s Court at Vizianagaram lacks jurisdiction to entertain the final decree petition. The suit properties are within the territorial jurisdiction of Principal Junior Civil Judge’s Court at Vizianagaram and therefore it has jurisdiction to entertain the final decree petition. The transfer was made by the learned District Judge only for administrative convenience and the original Court cannot be said to have been divested of its jurisdiction to try the suit by virtue of the transfer made for administrative convenience. 6. For the above mentioned reasons, the impugned order passed by the learned Principal Junior Civil Judge, Vizianagaram, is set aside. The revision petitioner Nos.2 and 3 are hereby permitted to present the Final Decree Petition in the Court of Principal Junior Civil Judge, Vizianagaram and the learned Principal Junior Civil Judge, Vizianagaram, is directed to entertain the final decree petition and dispose of the same in accordance with law. The Civil Revision Petition is accordingly allowed. There shall be no order as to costs. __________________ R. KANTHA RAO, J. Dt.27-12-2010. DSH.