IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT ^£9 HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO^* TRANSFER CIVIL MISCELLANEOUS PETITION No.366 of 2024 Between: M/s. Tirumala Constructions, Bhimavaram, West Godavari District by its Managing Partner, Byrraju Venkata Subbaraju. rep. ...Petitioner/s AND 1. The State of A.P., rep. by its Principal Secretary to Govt. PR and RD Dept. A.P. Secretariat, Amaravathi. 2. The Engineer-in-Chief, Panchayat Raj Administration and PMGSY, Vijayawada. 3. The Superintending Engineer (PR), Panchayatraj Circle, Kakinada. 4. The Executive Engineer, Kakinada. ...Respondent/s 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 order transfer of the suit in O.S.No.133/2021 on the file of the II Additional Senior Judge Court, Kakinada to any other competent court of jurisdiction East Godavari District. lA NO: 1 OF 2024 Petition under Section 151 of 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 OS No. 133/2021 on the file of II Additional Senior Civil Judge Court, Kakinada pending disposal of the main transfer petition. Counsel for the Petitioner : Sri Srinivasa Rao Pappu Counsel for the Respondents: None Appeared The Court made the following: HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.366 of 2024, THE ORDER: petitioner herein filed the present petition under Section 24 Civil Procedure, 1908, seeking transfer of O.S.No.133 file of the II Additional Senior Civil Judge, Kakinanda, other competent Court of same The of the Code of of 2021 on the East Godavari District, to any Jurisdiction in East Godavari District, for trial. The case of the petitioner in brief is as follows: The petitioner is the plaintiff in O.S.No.133 of 2021 on the file of Additional Senior Civil Judge Court, at Kakinanda, East seeking relief of recovery of amount with interest as prayed in the plaint. The petitioner pleaded that, the commenced before the trial Court and the plaintiff closed and the matter was posted for the 2. 1. the II Godavari District, trial has been side evidence was evidence of the defendants. Despite several adjournments were defendants did not adduce any evidence and evidence of the defendants was also closed on granted, the ultimately the 03.08.2023. Thereafter, the defendants have come up with a I.A.No.422 of 2023 and the said petition was 12.09.2023, with a condition to appear all the petition vide allowed on behalf of the defendants with their respective and otherwise the petition will be I.A.No.422 of witnesses on affidavits without fail Pursuant to the orders passed in dismissed. Tr.C.M.P.No.366 of 2024 VGKR, J 2 2023, the defendants filed their chief affidavits and DW.1 was cross-examined and the matter was posted for cross-examination of DW.2. At that stage, learned junior counsel on behalf of learned counsel on record appearing for plaintiff is present and sought time on the ground that the Senior Counsel’s mother was fell sick and that he could not appear before the Court for cross-examination, but the learned trial Judge not accepting the representation made by the learned junior counsel and making reckless comments against the junior counsel, passed an order treating the cross-examination as nil and that the petitioner/plaintiff was constrained to file the O.S.No.133 of 2021, which is pending on the file of the II Additional Senior Civil Judge, Kakinanda, East Godavari District and transfer the same to any other competent Court in East Godavari District. Heard learned counsel for the petitioner. Though notices were served to all the respondents. But appeared for the respondents. The remarks of the learned trial Judge was called for and perused the remarks submitted by the learned trial Judge. The ground for transfer of the said case urged by the petitioner/plaintiff in his affidavit is that the matter is posted to 08.05.2024, for cross-examination of DW.2, on that day, the learned junior counsel on behalf of learned counsel for the appellant/plaintiff is 3. 4. none 5. 6. Tr.C.M.P.No.366 of 2024 VGKR, J 3 present and requested the learned trial Judge to adjourn the matter, by informing that his Senior Counsel’s mother was feel sick and that he could not appear before the Court for cross-examination of the matter. The petitioner further pleaded that without hearing 7. representation made by the learned junior counsel, the Presiding Officer made reckless comments against the learned counsel for the plaintiff and passed an order by treating the cross-examination as nil. Perused the docket sheet proceedings dated 08.05.2024, 8. passed by the learned trial Judge. The said docket sheet proceedings clearly shows that the learned trial Judge treated the cross-examination of DW.2 as nil and the reason assigned by the learned trial Judge is that, though the junior counsel represented on behalf learned counsel for the appellant/plaintiff requesting time and stating that the mother of the learned counsel for the plaintiff is not well, but, no medical report was produced by the learned counsel for the plaintiff. In view of the same, am of the opinion that insisting the learned counsel on record by the learned trial Judge to produce the medical report of counsel’s mother is not proper. Though the notices to all the respondents were served. None appeared for the respondents, to oppose the transfer sought by the 9. petitioner from II Additional Senior Civil Judge, Kakinada, to any other competent Court in East Godavari District. Tr.C.M.P,No.366 of 2024 VGKR, J 4 10 Therefore, on considering the material available of the considered on record, I am viev\/ that, it is desirable to transfer the suit in on the file of the II Additional Senior Civil Judge, O.S.No.133 of 2021 Kakinada to the Principal Senior Civil Judge, Kakinada, Godavari District. Since the stage of the present case is for further evidence of the defendants, the learned Principal Senior Civil East Judge, Kakinada, East Godavari District, is hereby instructed to dispose of the matter on merits within a period of three (3) months from the date of receipt of a copy of the Order and record from the concerned Court. Learned II Additional Senior Civil Judge Godavari District 11. Kakinada, East is hereby instructed to transmit the entire record to the learned Principal Senior Civil Judge, Kakinada Godavari District, within five (05) days from the date of case , East receipt of a copy of this Order. 12. With these above observations, the Transfer Civil There shall be no order as to Miscellaneous Petition is allowed. costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// To SECTION OFFICER Pappu, Advocate [OPUC] District. East Godavari 3. One CC to Sri Srinivasa Rao 4. Three CD Copies TK sree HIGH COURT DATED;23/01/2025 ORDER TRCIVIP.No.366 of 2024 0 FER 2125 . Curreni aecuon tOi ALLOWING THE TRANSFER miscellaneous PETmoN CIVIL WITHOUT COSTS