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2003 DIGILAW 743 (AP)

S. v. Ramachandra Murthy VS Dasari Uma Maheswara Rao

2003-06-13

P.S.NARAYANA

body2003
P. S. NARAYANA, J. ( 1 ) THE petitioner filed the present Transfer Civil Miscellaneous Petition praying for transfer of O. S. No. 106/84 from the Court of Additional Senior Civil Judge, Tenali, Guntur District to this Court and pass such other suitable orders. The said Transfer Civil Miscellaneous Petition was moved during vacation. Along with the Transfer Civil Miscellaneous Petition, the petitioner also moved C. M. P. No. 11744/2003 for a direction to the trial Court to visit and inspect the suit schedule property in O. S. No. 106/84 for recording the conditions and physical features. C. M. P. No. 11745/2003 was filed to direct the trial Court to permit the petitioner to withdraw the deposited amount in O. S. No. 106/84 and C. M. P. No. 11746/2003 was filed praying for a direction to order respondents 1 and 2 to furnish security in O. S. No. 106/84. ( 2 ) THIS Court on 13-5-2003 ordered notice to respondents 1 and 2 and directed the matter to be posted on 13-6-2003. In the Transfer Civil Miscellaneous Petition, respondents 1 and 2 were served and the other respondents i. e. , respondents 3 to 13, though shown as parties, it is mentioned that they are not necessary parties to the Transfer Civil Miscellaneous Petition. Sri S. V. Ramachandra Murthy, Party-in-person, had made elaborate submissions taking me through all the factual aspects and had contended that in the peculiar facts and circumstances, inasmuch as he is a senior citizen and the litigation is unending, for appropriate orders and directions during vacation as Party-in-person he had invoked the jurisdiction of this Court under Section 24 of the Code of Civil Procedure, hereinafter referred to as "code". It is also submitted that the powers of this Court under Section 24 of the Code are very wide and hence the said suit may be withdrawn to the file of this Court and pass appropriate orders by issuing suitable directions on the applications moved in the present Transfer Civil Miscellaneous Petition. The Party-in-person had placed strong reliance on ALLA SUBBAREDDI Vs. LANKIREDDI NARAYANASWAMIREDDI AND OTHERS 1. in this regard. ( 3 ) HEARD the Party-in-person and perused the material available on record. Section 24 of the Code deals with General power of transfer and withdrawal. The Party-in-person had placed strong reliance on ALLA SUBBAREDDI Vs. LANKIREDDI NARAYANASWAMIREDDI AND OTHERS 1. in this regard. ( 3 ) HEARD the Party-in-person and perused the material available on record. Section 24 of the Code deals with General power of transfer and withdrawal. Section 24 (1) of the Code reads as hereunder: (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage - (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court (i) try to dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. ( 4 ) IT is no doubt true that the power of withdrawal of the suit and also the power to try or dispose of the suit, appeal or other proceeding had been specifically conferred on High Court or District Court under Section 24 of the Code. As can be seen from the facts and circumstances of the case, the preliminary decree made in O. S. No. 106/84 on the file of Additional Senior Civil Judge, Tenali had attained finality in L. P. A. No. 98/2001. No doubt it is stated that it is learnt that SLP (CC) No. 2124/2003 was filed by respondents 1 and 2 on 3-3-3003 before the Honourable Supreme Court showing incorrect address of the present Party-in-person. No doubt it is stated that it is learnt that SLP (CC) No. 2124/2003 was filed by respondents 1 and 2 on 3-3-3003 before the Honourable Supreme Court showing incorrect address of the present Party-in-person. In the decision referred (1) supra it was held that when an application for transfer of a suit is made under Section 24 of the Code and notice is ordered it is in the nature of an original proceeding within the meaning of Section 141 of the Code and the procedure provided under the Code in regard to suits becomes applicable and Order 40 Rule 1 therefore is attracted by Section 141 of the Code to such proceedings and the Court would have power to appoint a receiver ex parte and before passing the final order on the transfer application. Here is a case where the Transfer Civil Miscellaneous Petition was filed during vacation and several other applications also were moved along with the Transfer Civil Miscellaneous Petition praying for appropriate directions. Now the regular Court is functioning. In view of the said fact, I do not see any impediment on the part of the Party-in-person to move the self-same Court i. e. , Additional Senior Civil Judge, Tenali, Guntur District in O. S. No. 106/84 for appropriate directions. In view of the same, the Transfer Civil Miscellaneous Petition is disposed of giving liberty to the petitioner/party-in-person to move the Additional Senior Civil Judge, Tenali, Guntur District in O. S. No. 106/84 for appropriate directions which the Party-in-person chooses to move and it is further directed that the learned Additional Senior Civil Judge shall dispose of such applications in accordance with law after giving opportunity to the concerned parties. ( 5 ) NO order as to costs.