APHC010251462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 164/2025 Between: 1. NAGELLA JAGADEESWARA RAO, S/O.RAMA KRISHNA AGED ABOUT 38 YEARS, PRESENTLY RESIDING IN USA REP. BY ITS GPA AGENT GUTHA MUTHYALA NAGARAJU S/O.G.M.VENKATESH, AGED 40 YEARS, R/O.D.NO.2-116A YARRAMITTA, RAJEEV NASGAR, TIRUPATI, CHITTOOR DIST. ...PETITIONER AND 1. MUVVA RAJESH, S/o. Sambasiva Rao R/o. 1 Mains of MAWCARSE, KINROSS United Kingdom, rep. by his GPA Agent Muvva Venkata Subbayamma, W/o.Muvva Sambasiva Rao, Hindu, aged 59 years, R/o.1st Lane, Rajendra Nagar, Guntur. ...RESPONDENT 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 topleased to transfer the suit O.S.No.109 of 2020 on the file of XII Additional District Judge-cum- Family Court, Guntur, to any court at Hindupur, Ananthapur District, as the Honble Guntur Court having no jurisdiction to try the case. As the schedule property situated at Nallacheruvu Village, Ananthapur District. IA NO: 1 OF 2025 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 pleased to stay of further proceedings in suit O.S.No.109 of 2020 on the file of XII Additional District Judge-cum-Family Court, Guntur, pending disposal of the above Tr.C.M.P. and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent: 1. N SRIRAM MURTHY The Court made the following: ORDER: The petitioner herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking for transfer of O.S.No.109 of 2020 on the file of the XII Additional District Judge-cum-Family Court at Guntur and transfer the same to any Court at Hindupur, Ananthapur District, for trial. 2. The case of the petitioner in brief is as follows: I. The respondent/plaintiff had transferred the amounts to the account of the defendant firm, as the parents of the plaintiff had utilized fuel for their vehicles from the petrol bunk run by the petitioner. The said amounts were also utilized for the purchase of land in and around Nallacheruvu Village, Ananthapur District. II. The petitioner had demanded the respondent/plaintiff to repay an amount of Rs.37,17,058/-, which was transferred from the Firm Account. The said liability was duly acknowledged by the respondent/plaintiff. Taking undue advantage of their closeness, the respondent/plaintiff filed a suit in O.S.No.109 of 2020 on the file of the XII Additional District Judge- cum-Family Court, Guntur, seeking recovery of an amount of Rs. 58,47,165.30. III. The petitioner further pleaded that the main grievance is that the cause of action for filing the suit arose at Ananthapur, where the property in question is situated. The said property was purchased by the parents of the respondent/plaintiff. Therefore, no part of the cause of action has arisen in Guntur. Both the petitioner and the parents of the respondent/plaintiff are residing at Nallacheruvu Village in Ananthapur District. 3. The respondent filed his counter-affidavit denying the material averments mentioned in the petition. 4. Heard learned counsel appearing on both sides on record. 5. One of the grounds urged by the petitioner for seeking transfer of O.S.No.109 of 2020, pending on the file of the XII Additional District Judge-cum- Family Court at Guntur, to any competent Court at Hindupur, Ananthapur District, is that the firm has not been impleaded as a party to the suit proceedings by the plaintiff. The learned counsel for the respondent contended that no such plea has taken by the defendant in the written statement that the firm is not added as party. 6. Another ground urged by the petitioner for seeing transfer of case from one place to another is the Court at Guntur is not having jurisdiction to try the suit. In the main suit issues have been framed, the trail has been commenced. Now at this stage, the petitioner/defendant is not supposed to use the plea of jurisdiction in transfer application before this court. 7. Necessity for transfer of suits from one Court to another would arise if only there exists any similarity of cause of action or commonality of the parties. When such situation does not exist, the relief claimed for the transfer of suit cannot be granted. Section 24 of CPC confers comprehensive power on the Court to transfer suits, appeals or other proceedings at any stage either on the application by any party or suo motu. Although discretionary power of transfer of cases cannot be imprisoned within a straight jacket of any cast, iron formula unanimously applicable to all situations, it cannot be gain said that the power of transfer of the case must be exercised with due care, caution and circumspection. 8. As stated supra, the trial has already been commenced before the Court below, now the petitioner is not entitled to raise the issue of jurisdiction at this stage, particularly in a transfer Civil Miscellaneous Petition filed by the petitioner/defendant before this Court. 9. In view of the aforesaid reasons, I am of the considered view that there are no valid grounds for seeking transfer of O.S.No.109 of 2020 on the file of the XII Additional District Judge-cum-Family Court at Guntur and transfer the same to any Court at Hindupur, Ananthapur District and this Court do not find any merits and subsistence in the contentions taken by the petitioners and as such, the present Transfer Civil Miscellaneous Petition is liable to be dismissed as devoid of merits. 10. With the above observations, the Transfer Civil Miscellaneous Petition 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. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 15.07.2025 CVD