Gorthi Vinod Vs Nilla Brahmalingam And Others

Andhra Pradesh High Court - Amaravati 5 Sep 2024 Transfer Civil Miscellaneous Petition No: 287 Of 2024 (2024) 09 AP CK 0001
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Transfer Civil Miscellaneous Petition No: 287 Of 2024

Hon'ble Bench

Venuthurumalli Gopala Krishna Rao, J

Advocates

Samboju Bala Gopal

Final Decision

Dismissed

Acts Referred
  • Code Of Civil Procedure, 1908 - Section 24

Judgement Text

Translate:

Venuthurumalli Gopala Krishna Rao, J

1. This application is filed under Section 24 of the Civil Procedure Code, 1908 praying this Court to withdraw the suit in O.S.No.497 of 2014 from the file of the XII Additional District Judge, Vijayawada and transfer the same to the file of any other Additional District Judge Court at Vijayawada.

2. Heard learned counsel for the petitioner and perused the record.

3. The contention of the petitioner is that the suit in O.S.No.497 of 2014 relates to the year 2014, it was adjourned from 19.01.2021 onwards and the present stage of the said suit is for examination of DW.3.

4. No doubt, the suit relates to the year 2014 and it is at the stage of further evidence of defendant. Moreover, this application is filed by the petitioner to transfer the case in O.S.No.497 of 2014 from the file of the XII Additional District Judge, Vijayawada, to the file of any other District Court at Vijayawada within the judicial unit of Krishna and Machilipatnam.

5. Though this Court is having concurrent jurisdiction under Section 24 of the Civil Procedure Code, 1908, the Principal District Judge of the district is having administrative control, and the Principal District Judge is having Knowledge about the pendency of the cases in all the Courts in entire district, without approaching the Principal District Court, the petitioner directly approached this Court. Furthermore, I do not find any valid grounds to entertain this application.

6. With the above observations, this petition is dismissed at the stage of admission itself. The petitioner is at liberty to file an appropriate application before the learned Principal District Judge, Krishna at Machilipatnam, if so, he advised. 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.

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