THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY
Tr. CMP No.77 of 2020
ORDER:
The petitioner/wife has filed this Transfer Civil Miscellaneous Petition under Section 24 of Civil Procedure Code to withdraw EP No.359 of 2016 in OS No.31 of 2014 pending on the file of the Principal Junior Civil Judge, Warangal and to transfer the same to any other competent Junior Civil Judge's Court at Warangal only and to pass any such other orders.
2. The claim of the petitioner is that she has challenged the orders passed in IA No.766 of 2016 in OS No.31 of 2014 pending on the file of the Principal Junior Civil Judge, Warangal before this Court, vide CRP No.5863 of 2017 wherein this Court is pleased to set aside the orders in IA No.766 of 2016 and accordingly, when the petitioner has approached for implementation of the orders in CRP No.5863 of 207, the learned Junior Civil Judge, Warangal, did not consider the request of the petitioner and gave long adjournments and has not taken any steps as prayed by the petitioner. Accordingly, she has suffered mentally and financially and she apprehends that she may not get justice in the Court of the Principal Junior Civil Judge at Warangal. For the reasons, she has requested to transfer EP No.359 of 2016 in OS No.31 of 2014 pending on the file of the Principal Junior Civil Judge at Warangal to any other competent Junior Civil Judge's Court at Warangal.
3. Notice was served on the respondent and he remained absent. Heard learned counsel for the petitioner. Perused the record. 2
4. IA No.766 of 2016 in OS No.31 of 2014 was filed by the petitioner/ plaintiff on 13.04.2014 to condone the delay of 940 days and to set aside the ex parte decree dated 14.03.2014. The said application was allowed by the Principal Junior Civil Judge, Warangal on payment of costs of Rs.2,000/-, whereas IA No.767 of 2016 was filed under Order IX, Rule 13 of CPC to set aside the ex parte decree dated 14.03.2014 in OS No.31 of 2014. In fact, the petitioner herein has assailed the order in IA No.766 of 2016 before this Court in CRP No.5863 of 2017 and that order was set aside. Therefore, it appears that the petitioner has approached the trial Court for execution of the judgment and decree in OS No.31 of 2014 where the difficulty arose.
5. Now, the contention of the petitioner is that as the Presiding Officer of the Principal Junior Civil Judge's Court, Warangal failed to consider her request for short adjournments for execution of the decree in OS No.31 of 2014, she has a reasonable apprehension in her mind that she may not get justice in the hands of that Court. Except this, the petitioner did not make any other allegation against the Presiding Officer of that Court. Accordingly, this Court restrained itself from calling remarks from the Presiding Officer. On enquiry with the Unit Head, it is found that the very same Presiding Officer is continuing in the Court of Principal Junior Civil Judge at Warangal.
6. Section 24 of CPC deals with the general power of transfer and withdrawal by the High Court and the District Courts. This section confers a general power to transfer, withdraw any suit or appeals or other proceedings at any stage on an application of a party. Such proceeding can 3 only be ordered when the party has reasonable apprehension that justice may be denied to him. Though mere suspicion of the party that she may not get justice did not constitute a valid ground, in my considered opinion, as the order passed by the Court below in IA No.766 of 2016 was set aside by this Court in CRP No.5863 of 2017 and that the petitioner has expressed any apprehension that she approached the Court below for execution of the decree in OS No.31 of 2014, the Presiding Officer failed to consider her request for short adjournments, I deem it fit to transfer EP No.359 of 2016 from the file of the Principal Junior Civil Judge, Warangal to any other competent Junior Civil Judge's Court at Warangal Head Quarters.
7. In the result, the Transfer Civil Miscellaneous Petition is allowed and EP No.359 of 2016 in OS No.31 of 2014 pending on the file of the Principal Junior Civil Judge, Warangal, is ordered to be withdrawn and transfer the same to the VI Additional Junior Civil Judge's Court at Warangal for disposal in accordance with law. The learned VI Additional Junior Civil Judge, Warangal shall take all possible steps for disposal of EP No.359 of 2016 at the earliest possible, not later than six months from the date of receipt of a copy of this order. The learned Principal Junior Civil Judge, Warangal, shall transmit the entire record duly indexed, immediately after receipt of a copy of this order. No order as to costs.
8. Pending miscellaneous petitions, if any, in this petition shall also stand dismissed.
_______________________________ A. VENKATESHWARA REDDY, J.
Date: 16.11.2021 Isn