APHC010199312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 116/2026 Between: 1. BANDI VEDA LAKSHMI, W/O B.VENKATA SRIDHAR REDDY, AGED ABOUT 56 YEARS, R/O. D.NO. 13-22/3, KUMMARI STREET, GUDUR TOWN AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. ISKA VENKATA SATISH KUMAR, S/o. Venkata Sai Baba Reddy, aged about 56 years R/o. D.No. 16-7-171, Ramamurthy Nagar, Nellore Town and 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 order withdrawal of the O.S.NO.10 OF 2021 from the Hon'ble VII Addl. District Judge, Gudur, Nellore District to the Court of Principal District Judge, Nellore District, Nellore or any other Additional District Courts in Nellore District for trial and dispose of the same in accordance with law and to 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 pleased to order Stay of all further proceedings in O.S.NO.10 OF 2021 from the Hon'ble VII Addl. District Judge, Gudur, Nellore District, pending disposal of the Transfer Civil Miscellaneous Petition and to pass Counsel for the Petitioner: 1. KRISHNA MURTHY SUNKARA Counsel for the Respondent: 1. The Court made the following: THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 116/2026 ORDER: The petitioner herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the C.P.C.’), seeking to transfer O.S.No.10 of 2021 on the file of the learned VII Additional District Judge, Gudur, Nellore District, to any other Court in Nellore District for trial. 2. Heard learned counsel for the petitioner. 3. The contention of the petitioner is that he is the defendant in the suit in O.S.No.10 of 2021 and he filed applications before the Court below to re-open and recall the evidence, however, the Trial Court has not passed any orders on those applications. He further contended that he also filed Civil Revision Petitions before this Court, and the same are pending for adjudication. 4. The law is well-settled that the 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 present case on hand. Moreover, even as per the case of the petitioner, he filed applications to re-open and recall the evidence, and the same were not considered by the Court below. 5. As could be seen from the E-Courts data status filed by the petitioner, which was enclosed along with the transfer application, it is evident that for adducing the evidence of the petitioner/defendant, the trial Court has granted more than 10 adjournments to defendant, despite of the same, he could not adduce any evidence. Subsequently, his evidence was closed and the suit was posted for arguments and later, the suit was posted for pronouncement of judgment on today by the trial Court. 6. For the aforesaid reasons, there are no merits in the present transfer application. Resultantly, the Transfer Civil Miscellaneous Petition is dismissed at the stage of admission. No 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: 17.04.2026 LSP THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.116 of 2026 Date: 17.04.2026 LSP