APHC010597262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 392/2025 Between: 1. SRI M SIVA GANGADHAR, S/O LATE M. RAMALINGAPPA, HINDU, AGED ABOUT 64 YEARS. RETIRED APSRTC BUS DRIVER, R/AT D. NO. 18-320-E, 60 FT ROAD, NEAR TV STATION, GUNTAKAL TOWN AND MANDAL ANANTHAPURAM, DISTRICT - 515801 PETITIONER/APPELLANT 2. SRI. M. RAVI TEJA,, S/O M SIVA GANGADHAR HINDU, AGED ABOUT 29 YEARS. PRIVATE EMPLOYEE R/O AT D. NO. 18-320-E, 60 FT ROAD, NEAR TV STATION GUNTAKAL TOWN AND MANDAL ANANTHAPURAM DISTRICT - 51580. ...PETITIONER(S) AND 1. SRI M RAGHAVENDRA, S/O M. SIVA GANGADHAR, HINDU, AGED 44 YEARS. PRIVATE EMPLOYEE R/AT NIZWA, OMAN C COUNTRY REP BY HIS GPA HOLDER M. MANJUNATH AGED 42 YEARS. EMPLOYEE R/AT D. NO. 1/2263, WEAVERS COLONYK, YEMMIGANUR TOWN AND MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. 2. SRI M MANJUNATH, S/O M. SIVA GANGADHAR AGED 42 YEARS. EMPLOYEE, R/AT D. NO. 1/2263, WEAVERS COLONY, YEMMIGANUR TOWN AND MANDAL, KURNOOL DISTRICT. ...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 transfer the pending C.M.A.No.2 of 2025 on the file of the Hon’ble III Additional District Judge, Tirupati, to the Court of the Hon’ble Principal District Judge, Kurnool District, on the ground of the Petitioners old age, ill- health, and inability to travel, and pass 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 to stay all further proceedings in, C.M.A.No. 2 of 2025 on the file of the Hon’ble III Additional District Judge, Tirupati. Pending disposal of the above Tr.C.M.P. in the interest of justice. Counsel for the Petitioner(S): 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.392 of 2025 ORDER: The petitioner herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of C.M.A.No.02 of 2025 on the file of the III Additional District Judge, Tirupati, to the file of the Principal District Judge, Kurnool, for trial and disposal of the same. 2. The case of the petitioner in brief is as follows: I. He is an old aged person, suffering from various age-related ailments and physical infirmities and he is presently residing with his relatives at Guntankal Mandal, Ananthapur District, after having been allegedly and forcibly ousted from his native residence by his own sons, who are arrayed as respondents in the present case. II. The petitioner further submitted that owing to his advanced age and fragile health, he finds it extremely difficult and inconvenient to travel from Anantapur District to Tirupati District, which involves a long distance of approximately 350Kms and requires overnight travel. It is further submitted that the petitioner requires constant medical supervision and is unable to travel for attending the case proceedings before the learned District Judge, Tirupati. Hence, the present petition is filed. 3. Heard learned counsel for the petitioner. 4. The ground urged by the petitioner for seeking transfer of C.M.A.No.02 of 2025 from the file of the III Additional District Judge, Tirupati, to the file of the Principal District Judge, Kurnool, is that he is suffering from ill health and is unable to travel to Tirupati to appear in the said appeal. It is undisputed that the petitioner herein is the appellant in C.M.A.No.02 of 2025, who has already engaged an advocate and filed the Civil Miscellaneous Appeal before the III Additional District Judge, Tirupati. 5. As seen from the averments in the affidavit of the petitioner, the only ground urged for seeking transfer of C.M.A.No.02 of 2025, is that he is a senior citizen, is suffering from ill health and is unable to travel from Kurnool to Tirupati to attend the case proceedings. 6. As stated supra, the ground urged by the petitioner for seeking transfer of C.M.A.No.02 of 2025 is that he is unable to travel and appear before the III Additional District Judge, Tirupati, which is situated at a distance of about 350Kms from Kurnool. As seen from the material available on record, the petitioner has already engaged an advocate and filed C.M.A.No.02 of 2025 before the III Additional District Judge, Tirupati, and the same is pending disposal. It is also not in dispute that the personal appearance of parties in Civil Miscellaneous Appeals before the District Court is not required so long as their counsel on record is available before the Court below. 7. In view of the aforesaid reasons, I am of the considered view that there are no valid grounds seeking for transfer of C.M.A.No.02 of 2025, on the file of the III Additional District Judge, Tirupati, to the file of the Principal District Judge, Kurnool and this Court do not find any merits and subsistence in the contentions taken by the petitioner and as such, the present Transfer Civil Miscellaneous Petition is liable to be dismissed at the stage of admission as devoid of merits. 8. With the above observations, the Transfer Civil Miscellaneous Petition is dismissed at the stage of admission. 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: 05.12.2025 CVD