Vallabhadasu Jyothi vs Vallabhadasu Pradeep Kumar
2021 Latest Caselaw 3533 Tel

      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.

1981 AIR (SC) 1143

1969 (2) SCWR 16

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