HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY
TRANSFER C.M.P.No.103 of 2020
ORDER:
Heard learned counsel for the petitioner, who seeks to submit that this Court has powers under Section 25 of the Code of Civil Procedure, 1908, to transfer the matters from one State to other State.
Having regard to the provisions of Section 25 CPC, which deals with the powers of the Hon'ble Supreme Court of India, I am not persuaded with the principles laid down in the judgments relied upon by the learned counsel in Guda Vijayalakshmi V/s. Guda Ramchandra Sekhara Sastry1 and Western U.P. Electric and Power Supply Co.Ltd. V/s. Hind Lamps Ltd2.
This Transfer C.M.P. is filed under Section 24 CPC with a request to withdraw O.P.No.64 of 2020 pending on the file of Judge, Family Court, Vijayawada of Andhra Pradesh State and to transfer the same to any other part of Nalgonda Town of Telangana State.
In fact, such Transfer C.M.P. ought not to have been registered by the Registry under Section 24 CPC, since this Court has no jurisdiction to entertain any such petition. 1 1981 AIR (SC) 1143 2 1969 (2) SCWR 16 2 Having regard to the facts of the case, since the relief claimed is beyond the scope of Section 24 CPC, this Transfer C.M.P. is dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
_______________________________ A. VENKATESHWARA REDDY, J Date:17.11.2021 GJ