IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1331 of 2010 Between: Tadiboyina Musalaiah and 3 others ..... PETITIONERS AND Paleti Durga Prasad and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1331 of 2010 O R D E R: Heard both the counsel. Petitioners are the plaintiffs who filed the suit O.S.No.109/2008 on the file of the III Addl.District Judge, Guntur for recovery of alleged unpaid consideration as per the Memorandum of Undertaking dated 05.05.2005. It is not in dispute that PWs 1 and 2 are examined on behalf of the plaintiffs and the matter is coming up for cross examination of PW 3. At this stage, the petitioners/plaintiffs filed Tr.O.P.214/2009 before the learned Principal District Judge, Guntur for transfer of the said suit from the Court of III Addl.District Judge, Guntur to the XI Addl.District Judge (FTC), Tenali, contending that under the Memorandum of Undertaking, the defendants are liable to pay the amount relates to the sale deed dated 05.05.2005, which was executed at Tenali and the Memorandum of Undertaking was also executed at Tenali, and therefore, the Tenali Court will have jurisdiction to try the said suit. But the said suit was filed before the III Addl.District Judge, Guntur, as no Court was established at Tenali. After filing the suit, the Fast Track Court was established at Tenali, and therefore, they have filed an application for transfer of the suit. When a Court is established, in normal course, the matters relating to the jurisdiction of the said Court would be transferred. In fact, number of case were transferred from Guntur to Tenali on point of jurisdiction, except this case. The Court below dismissed the said application stating that there are no sufficient grounds and reasons to transfer the suit. I am of the opinion that whether sufficient reasons have been shown or not, when a Court is established at Tenali, the learned Judge ought to have liberally considered the said application and transfer the suit on point of jurisdiction, considering the fact that already number of cases were transferred from Guntur to Tenali. Having regard to the facts and circumstances of the case, the Civil Revision Petition is allowed and the impugned order is set aside. The Tr.O.P. filed by the petitioners stands allowed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 15.07.2011 Dsr