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2026 DAILYLAW 26899 (AP)

KURMALA DHANUSH v. KUMALA @ GUNTURU RUKMINI NAGA VENKATA PRASANNA SAI RUPA SREE

TRCMP/399/2025 · 2026-02-18

Venuthurumalli Gopala Krishna Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010657202025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA TRANS. CIVIL MISC.PETITION NO: 399/2025 Between: 1. KURMALA DHANUSH, S/O. SRINIVASA RAO AGED ABOUT 20 YEARS, R/O. EPURUPALEM VILLAGE, CHIRAL MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 1. KUMALA GUNTURU RUKMINI NAGA VENKATA SREE, Venkata Prasanna Sai rupa Sree, W/o. Kurmala Dhanush, aged about 19 years, R/o. Addanki Town and Mandal, Bapatla District, Erstwhile Prakasam District. Petition Under Section 24 of the C.P.C. Praying that in th stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw H.M.O.P No. 34 of 2025 from the Court of the Senior Civil Judge, Addanki and transferred to the Court of the Senior Civil Judge, Parchur, Bapatla District and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO CIVIL MISC.PETITION NO: 399/2025 KURMALA DHANUSH, S/O. SRINIVASA RAO AGED ABOUT 20 YEARS, R/O. EPURUPALEM VILLAGE, CHIRAL MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. ...PETITIONER AND KUMALA GUNTURU RUKMINI NAGA VENKATA PRASANNA SAI RUPA SREE, Venkata Prasanna Sai rupa Sree, W/o. Kurmala Dhanush, aged about 19 years, R/o. Addanki Town and Mandal, Bapatla District, Erstwhile Prakasam District. ...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 withdraw H.M.O.P No. 34 of 2025 from the Court of the Senior Civil Judge, Addanki and transferred to the Court of the Senior Civil Judge, Parchur, Bapatla IN THE HIGH COURT OF ANDHRA PRADESH [3397] THE NINETEENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA KURMALA DHANUSH, S/O. SRINIVASA RAO AGED ABOUT 20 YEARS, R/O. EPURUPALEM VILLAGE, CHIRAL MANDAL, BAPATLA DISTRICT, ...PETITIONER PRASANNA SAI RUPA SREE, Venkata Prasanna Sai rupa Sree, W/o. Kurmala Dhanush, aged about 19 years, R/o. Addanki Town and Mandal, Bapatla District, ...RESPONDENT e circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw H.M.O.P No. 34 of 2025 from the Court of the Senior Civil Judge, Addanki and transferred to the Court of the Senior Civil Judge, Parchur, Bapatla 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 all further proceedings in H.M.O.P No. 34 of 2025 on the file of the Court of the Senior Civil Judge, Addanki and pass IA NO: 1 OF 2026 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 May be pleased to vacate the Interim Stay Order dt. 09.12.2025 passed in lA No.1 of 2025 in Tr.CMP No. of 399 of 2025 as extended from time to time including Order dt. 24.12.2025 and dismiss the main Tr.CMP in the interests of justice and to pass Counsel for the Petitioner: 1. MARRI VENKATA RAMANA Counsel for the Respondent: 1. NIMMAGADDA REVATHI THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.399 of 2025 ORDER: The petitioner/husband herein has filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking for withdrawal of H.M.O.P.No.34 of 2025 on the file of the Court of Senior Civil Judge, Addanki, and transfer the same to the file of the Court of Senior Civil Judge, Parchur, Bapatla District, for trial and disposal of the same. 2. Learned counsel for the petitioner contended that subsequent to transfer of the said case to the file of the Senior Civil Judge, Addanki, the father of the petitioner herein was attacked by the father of the respondent and others and the case was also registered vide Cr.No.157 of 2025, for the offence punishable under Section 18(1) of B.N.S. Act, 2023, before the I Town Police Station, Chirala, the same is pending for investigation. 3. The respondent filed counter-affidavit. Learned counsel for the respondent would contend that there are no valid grounds to transfer the said H.M.O.P.No.34 of 2025, from the file of the Senior Civil Judge, Addanki, to the Court of Senior Civil Judge, Parchur, Bapatla District. He further contended that in pursuance to the transfer petition filed by the respondent before this Court, on hearing learned counsel appearing on both sides, this Court passed an order in Tr.C.M.P.No.348 of 2024 vide it’s order dated 20.02.2025, wherein it was held that H.M.O.P.No.122 of 2024, has been withdrawn from the file of the learned Senior Civil Judge, Chirala and transferred to the file of the learned Senior Civil Judge, Addanki and the same was renumbered as H.M.O.P.No.34 of 2025, which is now pending before the learned Senior Civil Judge, Addanki. 4. Heard Sri Marri Venkata Ramana, learned counsel for the petitioner and Smt. Nimmagadda Revathi, learned counsel for the respondent. 5. Perused the material available on record. 6. Learned counsel for the respondent further contended that, the alleged incident as stated by petitioner now is said to have been happened at Chirala, but not at Addanki and therefore, the same cannot be considered by this Court for transferring the H.M.O.P.No.34 of 2025, from the file of the Senior Civil Judge, Addanki to the file of the Senior Civil Judge, Parchur. 7. Learned counsel for petitioner as well as learned counsel for the respondent would contended that reconciliation was conducted by the learned Senior Civil Judge, Addanki and now the matter is pending for commencement of enquiry and the enquiry has to be commenced. Therefore, in view of the progress of the matter, since it reached the stage of recording evidence, which is now pending before the Senior Civil Judge, Addanki, therefore, the same cannot be transferred to Senior Civil Judge, Parchur. It is also brought to the notice of this Court that except this present case, there are no other cases are pending before the learned Senior Civil Judge, Addanki. 8. Considering the submissions made by the learned counsel appearing on both sides on record, I am of considered view that it is not a fit case to withdraw from the file of the Senior Civil Judge, Addanki and transfer to the file of the Senior Civil Judge, Parchur, Bapatla District. Since the H.M.O.P.No.34 of 2025 reached the stage of recording evidence of respondent herein, the presence of the petitioner herein on each and every date of adjournment is not at all required before the learned Senior Civil Judge, Addanki, except on the date of recording his evidence in H.M.O.P.No.34 of 2025. 9. With the above observations, the transfer Civil Miscellaneous Petition is disposed of. The learned Senior Civil Judge, Addanki, is hereby directed not to insist upon the personal appearance of the petitioner herein/husband except on the date of recording of his evidence in cross-examination and on any other day; his presence is essentially required in H.M.O.P.No.34 of 2025, as directed by the learned Senior Civil Judge, Addanki. 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: 19.02.2026 JLSR/CVD