Research › Search › Judgment

Andhra High Court · body

2008 DIGILAW 591 (AP)

K. P. Gnana Prakasam v. K. Lakshmi Narasamma

2008-07-31

P.S.NARAYANA

body2008
ORDER :- This Tr.C.M.P. is filed praying for transfer of suit O.S.No.1048/ 2006 on the file of Principal Junior Civil Judge, Kadapa, to any Court in Chittoor Distrtct and pass such other suitable orders. 2. The petitioner is an Advocate by profession. The respondent filed O.S.No.14/ 2001 on the file of the Court of Junior Civil Judge, Pulivendula against the petitioner praying for recovery of amount on the basis of a promissory note executed by him. It is also stated that the suit promissory note was not at all executed at E. Kothapalli of Pulivendula Mandal of Kadapa District as alleged by the respondent, but actually the same was executed at Srikalahasti of Chitto or District. Further certain contentions creates an apprehension to the petitioner that he would not get justice before the Court where the suit is pending for the reasons specified above. It is also stated that the petitioner had given representation dated 3.4.2008 to the Honourable the Chief Justice, High Court of Andhra Pradesh, Hyderabad stating all the proceedings and the manner in which the proceedings are being proceeded with. In such circumstances, the present Tr.C.M.P. had been filed. 3. It is pertinent to note that the suit itself is based on the strength of a promissory note. The execution itself is not in serious controversy. This Court is not inclined to go into the merits and demerits of the matter or in relation to the other defences which had been put forth by the petitioner. Be that as it may, it appears that the petitioner moved T.O.P.No.379/2006 and got the matter transferred at a particular point of time. Again, the present Transfer C.M.P. had been filed to transfer the suit from the Court of Principal Junior Civil Judge, Kadapa to any Court in Chittoor District In the light of the facts and circumstances, this Court is thoroughly satisfied that these are only delaying tactics and the Transfer C.M.P. is not bona fide. Accordingly, the Transfer Civil Miscellaneous Petition is hereby dismissed. No costs.