APHC010200752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0 MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 147 OF Between: Korivi Padmalatha, W/o. Korivi Late Vivekananda Swamy, Aged about 64 Years, Occ; Retired Principal, R/o. Plot No.39, Dr.Veternary Layout, Near Mercy Mission School, Nathavalasa Road Denkada, Vizianagaram District, Andhra Pradesh - 535006. ...PETITIONER/ DEFENDANT Pedatadivada PO, AND Kedasi Veera Venkata Satyanarayana, S/o.Narasimhamurthy, Aged about 56 Years, R/o.D.No.7-33, Nakkavari Peta, Karapa Village Karapa Mandal, Kakinada District - 533462. ...RESPONDENTS/ PLAINTIFF Petition filed under Section 24 of the C.P.C. circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the O.S.No.86 of 2025 on the file of the Special Mobile Judicial First Class Magistrate Court, Kakinada of Kakinada while East Godavari District) to Hon’ble Principal Senior Civil Judge Court Vizianagaram, at Vizianagaram District praying that, in the District (Ernst at lA NO: 1 OF 7()9fi ■j Petition under Section 151 CPC, praying that in the circumstances stated . in the affidavit filed in support of the petition, the High Court Stay of all further proceedings in O.S.No.86 of 2025 Mobile Judicial First Class Magistrate Court (Ernst while East Godavari District). Counsel for the Petitioner may be pleased to on the file of the Special Kakinada of Kakinada District : SRI. GUMMA ITIHAAS, ADVOCATE Counsel for the Respondent : SRI A K KISHORE REDDY, ADVOCATE The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.147 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to transfer O.S.No.86 of 2025, on the file of the Special Mobile Judicial First Class Magistrate Court, Kakinada, Kakinada District to the Principal Senior Civil Judge Court, Vizianagaram, Vizianagaram District. The case of the petitioner in brief is as follows: The petitioner is the legally wedded wife of Late K.Vivekananda Swamy, who worked as C.l of Police at Bhupalalapalli of Warangal District and he was killed by the Naxalites while in service in the year 2000. Subsequently, the petitioner has submitted a representation seeking house site, for which vide proceedings of the District Collector in R.Dis.E3/3006/2009, dated 31.12.2009, she was allotted with House 2. I. Site patta vide File No.A/273/2009 in January, 2010. The petitioner pleaded that the subject property is situated in Sy.No.147/B to an extent of 435.66 Sq. yards in Plot Nos.43, 44, 45, 46, 47, and 48 of Karapa Village, Karapa Mandal, Kakinada District and the petitioner used to visit the subject property regularly. While so, on one occasion, when the petitioner has visited the property for clearing the weeds, the respondent along with his henchmen barged into the property and threatened, manhandled, abused the petitioner and thrown her out of 2 the property forcefully. Thereafter, the respondent has built a shed in the subject property. The petitioner would contend that the petitioner has approached the Karapa Police Station and lodged a complaint dated 13.12.2024, wherein the Police has directed the petitioner that the matter is Civil in nature and should be dealt by a competent Civil Court. Thereafter petitioner has filed a Spandana Complaint dated 16.12.2024 unauthorized occupation of the respondent, basing Revenue authorities and the Mandal Surveyor have conducted and enquiry with respect to the subject property and submitted the stating the on which the a survey a report stating that the property in Sy.No.147/B was truly allotted to the petitioner and the respondent herein is showing the fabricated documents and without any permission has occupied the petitioner’s property. The petitioner further contended that to the utter surprise, the respondent herein has lodged a complaint before the Police Station against the petitioner and upon the direction of the Police to approach a trial Court for resolving the issue, the respondent herein has filed a suit in O.S.No.86 of 2025, on the file of the Special Mobile Judicial First Class Magistrate Court, Kakinada seeking Injunction. The petitioner further contends that the petitioner is the retired principal aged about 64 years and is apprehending threat from the henchmen while attending the Court proceedings before respondent and his the Special 9»- V V - 3 Mobile Judicial First Class Magistrate Court, Kakinada and the distance in between Vizianagaram and Kakinada is 220 Kms and as such the petitioner is constrained to file the present transfer petition seeking transfer O.S,No.86 of 2025, on the file of the Special Mobile Judicial First Class Magistrate Court, Kakinada, Kakinada District to the Principal Senior Civil Judge Court, Vizinagaram, Vizianagaram District. Learned counsel for the respondent would contend that there are no 3. valid grounds to allow the present transfer petition filed by the petitioner seeking transfer from the Special Mobile Judicial First Class Magistrate Court, Kakinada, Kakinada District to the Principal Senior Civil Judge Court, Vizianagaram, Vizianagaram District and requested this Court to dismiss the present transfer civil miscellaneous petition. Heard Sri Itihass Gumma, learned counsel for the petitioner and Sri 4. A.k.Kishore Reddy, learned counsel for the respondent. Perused the material available on record. The material on record prima facie goes to show that the grounds urged by the petitioner for seeking of transfer from the Special Mobile Judicial First Class Magistrate Court, Kakinada, Kakinada District to the Principal Senior Civil Judge Court, Vizianagaram, Vizianagaram District, are that firstly, she is apprehending threat from the respondent in interfering with her appearance and also a threat to kill the petitioner and secondly, the distance in between Vizianagaram and Kakinada is approximately 220 Kms and it would be very difficult for the petitioner to appear before the Special Mobile Judicial First 5. 4 Class Magistrate Court, Kakinada, Kakinada District adjournment. on every date of 6. Admittedly, “the appearance of the party in a civil suit is not at all required on each and every date of adjournment before the trial Court, unless and until his/her counsel is attending the Court proceedings on every date of adjournment. Further, the appearance of the party is required only on the date of giving his/her evidence before the trail Court. With regard to the other ground urged by the petitioner that she is apprehending a threat from the respondent in interfering with her appearance, this Court is of the opinion that the petitioner had failed to show prime facie case that there is an actual threat to her from the respondent and further, the mere apprehension of threat would not be a valid ground for seeking transfer of a civil case from one Court to another Court”. In view of the aforesaid subsistence in the contentions taken by the petitioner and Transfer Civil Miscellaneous Petition is liable to be dismissed merit. reasons, I do not find any merit and as such the present as devoid of 7. With the above observations, the Transfer Civil Miscellaneous is dismissed. 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. Petition SD/- M.PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Special Mobile Judicial First Class Magistrate Court, Kakinada of Kakinada District (Ernst while East Godavari District). 2. The Hon’ble Principal Senior Civil Judge Court Vizianagaram District. 3. One CC to SRI GUMMA ITIHAAS, Advocate [OPUC] 4. One CC to SRI A K KISHORE REDDY. Advocate [OPUC] 5. Three CD Copies at Vizianagaram, at GPC TAG -4 HIGH COURT DATED: 30/06/2025 ORDER TRCIMP NO. 147 OF 2025 W V I 2 4 JUt 2025 s ‘ ^ . Current Section . DISMISSING THIS TRCMP