APHC010427442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 273/2025 Between: 1.S.ARAVINDA KUMAR, S/O SURESH, AGED ABOUT 36 YEARS, PROPRIETOR OF M/S ARAVIND TRADING COMPANY R/O D.NO.515, BAZAR ROAD, BANGARUPETA, KOLAR, KARNATAKA STATE ...PETITIONER AND 1.SRIDHAR SHRI TIRUCHITRAMBALEM GANAPATHY SUNDARAM, Proprietor of M/s SKT Exports O/o 1D2-2/H, Lingayapalem, 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 matter in OS No. 175 of 2025 on the file of the IV Addl. District Judge, Guntur, the same may be withdrawn and transfer to the Principal District Judge, Chittoor for prosecuting the same by following procedure prescribed by the law. 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 grant stay of all further proceedings in OS No. 175 of 2025 on the file of IV Addl. District Judge, Guntur Counsel for the Petitioner: 1.A.SRINIVASA RAO Counsel for the Respondent: 1.K L N SWAMY The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.273 of 2025 ORDER: The petitioner has filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of O.S.No.175 of 2025 on the file of the IV Additional District Judge, Guntur, to the file of the Principal District Judge, Chittoor, for trial and disposal of the same. 2. Heard Sri A. Srinivasa Rao, learned counsel for the petitioner and Sri K. L. N. Swamy, learned counsel respondent. 3. The respondent filed a counter-affidavit denying the material allegations made in the affidavit of the petitioner. He pleaded that the entire cause of action in O.S.No.175 of 2025 arose at Guntur and that the Court at Chittoor has no territorial jurisdiction to entertain the suit. He further contended that there are no merits in the petition filed by the petitioner and, therefore, the present Transfer Civil Miscellaneous Petition is liable to be dismissed. 4. Perused the material available on record. 5. The grounds urged by the petitioner in seeking transfer of O.S. No. 175 of 2025, from the file of the IV Additional District Court at Guntur to the District Court at Chittoor, are that the petitioner is a non-local person hailing from Bangarupet, Kolar District, Karnataka State, whereas the respondent is a local person who has relatives and other support in the locality and the petitioner further submits that he has received threats to his life at Guntur. 6. The law is well settled that “mere apprehension is not a ground for seeking transfer of a civil suit from one Court to another Court.” Furthermore, no prima facie material is produced by the petitioner to show that there was a threat in the hands of the respondent at Guntur. 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, based on the vague allegations raised in the affidavit, the petitioner cannot seek transfer of the said suit i.e. O.S.No.175 of 2025, from one place to another place. In the case at hand, the entire cause of action to file the said suit has arisen at Guntur. Admittedly, the respondent is not residing at Chitttoor and is residing at Karnataka State and the Court at Chittoor is not having territorial jurisdiction to entertain the suit. It is made it clear that none of the parties are residing within the territorial jurisdiction of Court at Chittoor. 9. For the aforesaid reasons, I do not find any merits and subsistence in the contentions taken by the petitioner and as such the present Transfer Civil Petition is liable to be dismissed as devoid of merit. 10. Resultantly, 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: 09.02.2026 CVD