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2003 DIGILAW 298 (AP)

Pullagura Renukamma v. Bommana Venkata Laxmamma

2003-02-24

P.S.NARAYANA

body2003
P. S. NARAYANA, J. ( 1 ) HEARD both the counsel. ( 2 ) THE Transfer CMP is filed under Section 24 of C. P. C. to transfer O. P. No. 3 of 2001 on the file of the Junior Civil Judge-cum-Election Tribunal, Allagadda to the court of Junior Civil Judge-cum-Election Tribunal, Nandyal and pass such other orders. ( 3 ) SRI C. Prakash Reddy, the counsel representing the petitioner in all fairness had submitted that this transfer CMP under Section 24 of C. P. C. is not maintainable, in view of the fact that the relief prayed for is to transfer an Election O. P. No. 3 of 2001 on the file of the Junior Civil Judge-cum-Election Tribunal, Allagadda to the court of Junior Civil Judge-cum-Election Tribunal, Nandyal. But, however, the learned counsel sought permission of this Court to convert the proceeding into one under Article 227 of the Constitution of India. ( 4 ) PER contra, Sri Veera Reddy, the learned counsel representing respondent with all vehemence had submitted that in the counter affidavit he had taken a preliminary objection relating to the maintainability of the transfer CMP under Section 24 of C. P. C. The learned counsel also submitted that even on merits the petitioner had not made out a case for transfer and in fact transfer of O. P. No. 39 of 2002 on the file of the Principal District Judge, Kurnool was dismissed on merits. The learned counsel also submitted that the alleged threat made as a ground is totally an unsustainable ground and this was the clear observation made even by the learned District Judge. The learned counsel advanced several contentions touching the merits of the matter. ( 5 ) HEARD both the counsel. In view of the fact that the transfer CMP is filed under Section 24 of C. P. C. to transfer Election O. P. from one tribunal to another tribunal, I am of the considered opinion that the remedy invoked by the petitioner is a misconceived remedy and the transfer CMP seeking transfer of Election O. P. pending on the file of one Election Tribunal to another Election Tribunal, incidentally, a Junior Civil Judge to yet another Junior Civil Judge is definitely not maintainable. ( 6 ) IT is needless to say that the petitioner is at liberty to invoke any other appropriate remedy, if she is so advised. ( 6 ) IT is needless to say that the petitioner is at liberty to invoke any other appropriate remedy, if she is so advised. ( 7 ) ACCORDINGLY, the transfer CMP is dismissed. No costs.