HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No. 319 OF 2025 ORDER: The petitioners herein filed the present transfer civil miscellaneous petition under Section 24 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.'), seeking to withdraw O.S.No. 42 of 2025 from the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, and transfer the same to the file of the Court of learned VII Additional District Judge, Vijayawada, for trial and disposal. 2. The case of the petitioners is brief is as follows: Petitioner Nos. 2 and 3 herein are children of petitioner No. 1 herein. On 21-04-2025, the petitioners filed suit in O.S.No. 63 of 2025 on the file of the Court of learned VII Additional District Judge, Vijayawada, against respondent No. 1 herein for grant of damages/compensation for Rs.1,00,00,000/- along with interest @ 12% p.a. from the date of suit till the date of payment. Subsequently, on 08-05-2025, respondent No. 1 herein filed suit in O.S.No. 42 of 2025 on the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, against the petitioners herein and three others for partition of plaint A to E schedule properties into six equal shares by metes and bounds and to allot one such share to 2 him. The main contesting parties in both the suits and the respective contentions are one and the same although the reliefs claimed in both the suits are different. Petitioner No. 1 is a senior citizen, aged about 71 years, residing in Vijayawada, suffering from several health-related issues and is completely bedridden and moving with the help of attendants only. Respondent No. 1, being fully aware of the health condition of petitioner No. 1, intentionally filed the above suit at Chittoor for partition of properties in respect of exclusive properties of the petitioners situated in Yadamari and Chittoor Mandals, which were already sold to respondent No. 6 herein for valid sale consideration, only to harass the petitioners at this stage and to gain unlawful benefit taking advantage of ill-health of petitioner No. 1. The one way distance between Vijayawada and Chittoor is approximately 500 Kilometers and it takes more than nine hours time to reach Chittoor. The petitioners herein apprehend threats from the respondents, more fully from respondent No. 1 herein whenever they come down to Chittoor to pursue the matter as they are influential persons in the society having political background. 3. Respondent No. 1 herein filed counter affidavit opposing the relief sought by the petitioners and requested this Court to dismiss the transfer civil miscellaneous petition filed by the petitioners. 3 4. Heard Smt. K.Anjana Rama Kameswari, learned counsel appearing for the petitioners, Sri Kishore Kumar Dhodla, learned counsel appearing for respondent No. 1, Sri Balusu Srivenkateswara Rao, learned counsel appearing for respondent No. 3 and Sri Ailapurapu Yellamandaiah, learned counsel appearing for respondent No. 5. 5. Now, the point for determination is "Whether the suit in O.S.No. 42 of 2025 on the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, can be transferred to the file of the Court of learned VII Additional District Judge, Vijayawada?" 6. The petitioners herein filed the present transfer civil miscellaneous petition under Section 24 of C.P.C. with a specific prayer to withdraw O.S.No. 42 of 2025 from the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, and transfer the same to the file of the Court of learned VII Additional District Judge, Vijayawada, to be tried simultaneously with O.S.No. 63 of 2025 pending on the file of the Court of learned VII Additional District Judge, Vijayawada. Petitioner Nos. 1 and 2 herein are defendant Nos. 1 and 6 respectively in O.S.No. 42 of 2025 on the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, whereas petitioner No. 3 herein, who is none other than son 4 of petitioner No. 1, is not a party to the suit in O.S.No. 42 of 2025. The relief sought in O.SNo. 63 of 2025, which is now pending on the file of the Court of learned VII Additional District Judge, Vijayawada, is for grant of damages/compensation of Rs.1,00,00,000/- along with interest @ 12% p.a. from the date of suit till the date of payment for uttering defamatory statements against the petitioners herein whereas the relief sought in O.S.No. 42 of 2025, which is now pending on the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, is for partition of plaint A to E schedule properties. It is an undisputed fact that all the plaint A to E schedule properties in O.S.No. 42 of 2025 are situated within the limits of jurisdiction of Court at Chittoor. 7. The first ground urged by the petitioners for seeking transfer of O.S.No. 42 of 2025 from the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, to the file of the Court of learned VII Additional District Judge, Vijayawada, is that the petitioners herein apprehend threats from respondent No. 1 whenever they come down to Chittoor to pursue the matter as respondent No. 1 is influential person in the society having political background. As seen from the petition filed by the petitioners, respondent No. 1 is none other than the own brother of petitioner No. 1. Admittedly, no prima facie evidence is produced by the petitioners 5 to show that there is a threat in the hands of respondent No. 1. It is well settled that apprehension of mere threat is not a ground for seeking transfer of a civil Suit from one place to another. 8. The another ground urged by the petitioners is that petitioner No. 1 is a senior citizen, not maintaining good health and residing in Vijayawada and therefore it is not convenient for him to travel to Chittoor to pursue the matter accordingly. In support of his alleged contentions, petitioner No. 1 produced a Photostat copy of the medical certificate issued by Usha Cardiac Centre Limited, Vijayawada. A perusal of the medical certificate filed by petitioner No. 1 would go to show that it is undated. Therefore, it is not safe to place any reliance on the medical certificate filed by petitioner No. 1. Moreover, the nature of the suit in O.S.No. 42 of 2025 is for partition of properties which is now pending before civil Court. There is no need to appear before civil Court on every date of hearing in a civil suit by parties as long as their counsels on record are available before said Court. Admittedly, the petitioners herein engaged an advocate in O.S.No. 42 of 2025 on the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor. 9. While transferring a suit from one place to another place, Courts will not ignore the inconvenience that will be caused to other parties if the suit is transferred. Defendant Nos. 2, 4, 5 and 7 in 6 O.S.No. 42 of 2025 on the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, are residents of Chittoor District, while defendant Nos. 3 and 6 are residents of Tamil Nadu State which place is very much nearer to Chittor when compared to Vijayawada. The law is well settled that necessity or occasion to transfer a suit from one Court to another would arise if only there exists any similarity of cause of action or commonality of the parties. Such a situation does not exist in the case on hand. However, the reliefs claimed in both the suits i.e. O.S.No. 42 of 2025 on the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, and O.S.No. 63 of 2025 on the file of the Court of learned VII Additional District Judge, Vijayawada, are different in nature. As such, it is not permissible for transfer of O.S.No. 42 of 2025 from the file of the Court of learned Additional Civil Judge (Senior Division), Chittoor, to the file of the Court of learned VII Additional District Judge, Vijayawada. 10. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. Pending miscellaneous applications, if any, shall stand dismissed in consequence. No costs. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 31.01.2026 JSK 7 HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER C.M.P.No. 319 OF 2025 Date: 31.01.2026 JSK