Telangana High Court
Kankanala Bharatha Laxmi vs Palkala Ravinder Reddy on 16 November, 2021
Bench: A.Venkateshwara Reddy
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.
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
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
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