IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 88 OF 2025 Petition under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw AS No.299 of 2023 on the file of Honorable Court of the Principle District and Sessions Judge at Visakhapatnam District and transfer the same to the file of any Additional District and Sessions Judge at Visakhapatnam. Between: Kusumanchi Tharangani, D/o. K. Venkata Ratnam, R/o. D.No.8-272/9, Flat No.70, Vuda Colony, 0pp. Rythu Bazaar, Gopalapatnam, Visakhapatnam District. ...Petitioner/Appellant AND 1. G. Sankara Rao (died), Gorusupudi Ramalakshmi, W/o. late Gorusupudi Shankara Rao, aged 63 years, R/o. D.No 9-260/1, Narasimha Nagar, Gopalapatnam, Prahladapuram, Visakhapatnam. 2. ...Respondent/Respondent // lA NO: 1 OF 202S Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in AS No. 299 of 2023 on the file of Honourable Court of the Principle District and Sessions Judge at Visakhapatnam District. Counsel for the Petitioner: SRI KORIBILLI SANDEEP Counsel for the Respondents: --- The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.88 of 2025 ORDER: Today when the matter is taken up for hearing, Sri K.Sandeep, learned counsel for the petitioner has represented that the proof of service memo along with the postal track consignment sheet is filed before the Registry and the placed on the record. As per the said postal track consignment sheet, the registered notice sent to the respondent No.2 by the learned counsel for the petitioner served on her. But, none appeared for the respondent No.2. Therefore, service held sufficient same is was 2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure. 1908, seeking to withdraw A.S.No.299 of 2023 on the file of the Principal District and Sessions Judge, Visakhapatnam District and transfer the to the Additional District and Sessions Judge, Visakhapatnam. same 3. The case of the petitioner in brief is as follows: I. The petitioner is the tenant of the respondent/plaintiff and the respondent has filed a suit in O.S.No.117 of 2018, on the file of the II Additional Junior Civil Judge, Visakhapatnam seeking a relief for eviction and recovery of arrears of rent from the petitioner and the Court below decreed the same. Aggrieved by the Decree and Judgment, the petitioner herein filed A.S.No.299 of 2023 the file of the Principal District and Sessions Judge at Visakhapatnam. , on Thereafter, the respondent No.2 has filed E,P.No.476 of 2023, on the file of the II Additional Junior Civil Judge at Visakhapatnam for the execution of decree passed in O.S.No.117 of 2018 by the trial Court. The petitioner further pleaded that he filed an Interim Application vide I.A.No.2911 of 2023, seeking for stay of further proceedings in E.P.No.476 of 2023, before the and they also preferred C.R.P.No.756 of 2024 Court allowed the Civil Revision court below before this Court, wherein this Petition by directing the court below to Despite of the orders passed the Appellate Judge, i.e., the Principal dispose of I.A.No.2911 of 2023 by 10.07.2024. by this Court in C.R.P.No.756 of 2024, District Judge has not disposed of the stay was also not extended by the First Appellate Court said stay application and further the . Learned counsel for circumstances, the present petition against the respondent on the file of the Principal District and the petitioner contend that in view of the aforesaid ci petitioner was constrained to file the seeking to withdraw A.S.No.299 of 2023 Sessions Judge, Visakhapatnam District and transfer the same to any other Additional District and Sessions Judge. Visakhapatnam. Learned counsel for the petitioner further contend that Judge/the Principal District Judge, the petitioner per the directions of the First Appellate had paid Rs.90,000/- before was also filed before the Registry as the trial Court and to that effect the Challan and the same is also placed on record. 4. Heard Sri K.Sandeep, learned counsel for been served on the respondent, objections are raised by the other side for the petitioner. Though notice has none appeared for the respondent and no opposing the transfer of A.S.No.299 of 3 2023 from the Principal District Court, Visakhapatanam to any other Additional District Court at Visakhpatanam. Perused the material available on record. On considering the submissions made by the learned counsel for the petitioner, and for the reasons stated in the accompanying affidavit, this Court is of the considered view that it is desirable to consider the request of the petitioner to withdraw A.S.No.299 of 2023 on the file of the Principal District and Sessions Judge, Visakhapatnam District and transfer the same to the II Additional District and Sessions Judge, Visakhapatnam, since no objections are raised by respondent after receiving the notice in the present transfer application. 5. 6. In the result, the present petition is allowed and A.S.No.299 of 2023 on the file of the Principal District and Sessions Judge, Visakhapatnam District, is hereby withdrawn and transferred to the II Additional District and Sessions Judge, Visakhapatnam. The Principal District and Sessions Judge, Visakhapatnam District shall transmit the case record in A.S.No.299 of 2023 to the II Additional District and Sessions Judge, Visakhapatnam duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR 1 //TRUE COPY// W SECTION OFFICER To, 1. The Principle District and Sessions Judge at Visakhapatnam District. / 2. The Additional District and Sessions Judge at Visakhapatnam " District. 3. Kusumanchi Tharangani, D/o. K. Venkata Ratnam, R/o.D.No 8-272/9, Flat No.70, Vuda Colony, 0pp. Rythu Bazaar, Gopalapatnam, Visakhapatnam District. 4. Gorusupudi Ramalakshmi, W/o. late Gorusupudi Shankara Rao, aged 63 years, R/o. D.No.9-260/1, Narasimha Nagar, Gopalapatnam, Prahladapuram, Visakhapatnam. 5. One CC to Sri. Koribilli Sandeep, Advocate [OPUC] 6. Three CD Copies PR sree \ • \ \ HIGH COURT DATED:26/03/2025 \ ORDER TRCIVIP.No.88 of 2025 z 0 9 APR 2025 §' ^ . Current Section a ALLOWING THE TRCMP WITHOUT COSTS