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RAVI NATH TILHARI
Putta Rama Krishna – Appellant
Versus
Bikkina Ramatulasi – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri K.B. Ramanna Dora, learned counsel for the petitioner and perused the material on record.
2. This revision petition under Article 227 of the Constitution of India has been filed by the defendant in O.S. No. 105 of 2022 on the file of V Additional District Judge, East Godavari District at Rajamahendravaram, challenging the order dated 13.02.2024 passed in Transfer O.P. No. 120 of 2023 by the Court of the Principal District Judge, East Godavari District at Rajamahendravaram, rejecting the petitioner’s transfer petition.
3. The petitioner filed application under Section 24 of Code of Civil Procedure to withdraw the suit O.S. No. 105 of 2022 from the Court of V Additional District Judge, Rajamahendravaram and transfer the same to the Court of VII Additional District Judge, Peddapuram or to any Additional District Courts at Kakinada.
4. The application was filed inter-alia submitting that the petitioner is an old aged person and is permanent resident of Kakinada. The properties in plaint-A & B schedule are situated at different areas and major portion of landed properties are situated at Surampalem village which comes under the jurisdiction of th
The court emphasized the importance of considering the convenience of both parties, particularly senior citizens, in transfer petitions under Article 227 and Section 24 of the CPC.
The court emphasized the importance of convenience for parties and witnesses in transferring cases under Section 24 of the CPC.
The court established that transfer applications must be filed in the appropriate jurisdictional bench as per the territorial division of the High Court.
The court emphasized the necessity of transferring cases to the same court when parties and issues are similar to prevent conflicting decisions.
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
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