HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TR.CMP. Nos. 619 AND 620 OF 2008 DATED 29TH DECEMBER, 2011 BETWEEN Kamarlapudikoteswararao …….Petitioner in both TR CMPs. and Areti Pulla Rao ……Respondent in both TR CMPs. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TR.CMP. Nos. 619 AND 620 OF 2008 COMMON ORDER: These Transfer Civil Miscellaneous Petitions can be disposed of by this common order as the petitioner in both the cases is one and the same. These Transfer Civil Miscellaneous Petitions under Section 24 CPC are filed seeking transfer of AS.Nos. 246 and 247 of 2004 respectively from the Court of the learned Principal District Judge, Guntur, to the file of this Court to be tried along with A.S.Nos. 546 of 2005 and disposed of according to law. It is stated that one late Venkata Subbamma during her life time filed O.S.No.21 of 2000 for declaration that she is the legal heir of the estate of her son Subbarayudu, who predeceased her. The divorced wife of late Subbarayudu, Smt. B.Chandrakanthamma and one Kambhampati Saarada also filed suits in O.S.Nos. 19 of 2000 and 96 of 1998 respectively claiming the estate of said Subbarayudu. It is further stated that the petitioner herein claiming that the said Venkata Subbamma being his maternal aunt bequeathed the suit schedule property under a Will in his favour and after her demise, he came on record as her legatee. It is further stated that the petitioner herein also filed suits in O.S.No. 741 of 1989 and 11 of 1994, which were tried along with O.S.No. 19 of 2000 and 21 of 2000 and other connected suits and disposed of by common Judgment and decree dated 16.09.2004. It is averred that having regard to valuation, one of the parties to the lis filed A.S.No. 546 of 2005 on the file of this Court against the judgment and decree in OS.No. 19 of 2000. The petitioner herein also filed AS Nos. 246 of 2004 and 247 of 2004 against the judgment and decree in OS.Nos. 741 of 1989 and 11 of 1994, on the file of the learned Principal District Judge, Guntur. It is further averred that the petitioner herein and some of the parties to the common judgment filed Tr.CMPs. No. 441 of 2007, 437 of 2007, 157 of 2006, 158 of 2006 for transfer of the respective appeals filed by them against the common judgment dated 16.09.2004 to this Court to be tried along with AS.No. 546 of 2005 and the said petitions were allowed by this Court. It is submitted by the learned Counsel for the petitioner that unless all the appeals are clubbed and heard together, there is every likelihood of conflicting judgments being rendered on the same issues and points by different Courts. In the light of the submissions of the learned Counsel for the petitioner and having regard to the facts and circumstances of the case, these petitions are liable to be allowed inter alia to avoid conflicting judgments to be rendered by different Courts on the same subject matter. Accordingly the Transfer Civil Miscellaneous Petitions are allowed. As a sequel thereto, A.S.Nos. 246 of 2004 and 247 of 2004 pending on the file of the learned Principal District Judge, Guntur are hereby shall stand withdrawn and the same shall stand transferred to this Court to be tried along with AS.No. 546 of 2005 pending on the file of this Court and disposed of in accordance with law. The learned District Judge, Guntur is therefore directed to transmit the entire record pertaining to the said appeals to this court forthwith. No other as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 29th December, 2012. Msnro