Mere apprehension of bias is insufficient for transferring cases; reasonable grounds must be established, and execution must occur within the jurisdiction of the original court.

ORDER:

VENUTHURUMALLI GOPALAKRISHNA RAO, J.

Transfer Civil Miscellaneous Petition No.7 of 2024:

The petitioner filed this petition under Section 24 of the Civil Procedure Code , seeking to withdraw the Arbitration E.P.No.481 of 2020 in Arbitration Case No.103 of 2015 on the file of the Court of X Additional District Judge, Narsapur, West Godavari District along with claim petition filed by the petitioner in E.A.No.214 of 2020 and transfer the same to the Court of III Additional District Judge, Kakinada, East Godavari District.

Transfer Civil Miscellaneous Petition No.28 of 2024:

The petitioner filed this petition under Section 24 of the Civil Procedure Code , seeking to withdraw E.P.No.7 of 2019 in O.S.No.4 of 2014 on the file of the Court of X Additional District Judge, Narsapur, West Godavari District along with E.A.No.318 of 2019 and transfer the same to the Court of III Additional District Judge, Kakinada, East Godavari District.

Transfer Civil Miscellaneous Petition No.29 of 2024:

The petitioner filed this petition under Section 24 of the Civil Procedure Code , seeking to withdraw E.P.No.3 of 2019 in O.S.No.3 of 2014 on the file of the Court of X Additional District Judge, Narsapur, West Godavari District along with E.A.No.200 of 2019 and transfer the same to the Court of III Additional District Judge, Kakinada, East Godavari District.

2. The case of the petitioner in all the Transfer Civil Miscellaneous Petitions, in brief, are as follows:

(i) The petitioner filed a suit for specific performance of agreement of sale in O.S.No.13 of 2014, on the file of X Additional District Judge, Narsapur, West Godavari District, against the respondent Nos.1 and 2 herein and the suit is being contested by the respondents and the same is pending for trial. In the suit, he was examined as P.W.1 and suit agreement of sale was marked as Ex.A.2. The petitioner further pleaded that the learned trial Judge while rejecting the contention of the respondents to receive and mark the suit agreement of sale, during the further course of chief examination, directed to him to pay stamp duty and penalty over the suit agreement of sale. He was advised that he has to challenge the said observation passed by the learned trial Judge with regard to receiving and marking of Ex.A.1 to Ex.A.15 documents filed by him. Thereafter, on 26.06.2023, the cross examination was done by the counsel for the respondent Nos.1 and 2 in part and his further cross examination was deferred at their request. The petitioner further pleaded respondent Nos.1 and 2 preferred a Civil Revision Petition No.1779 of 2023 against the order, dated 12.12.2022 as if the suit agreement of sale was still to be marked as exhibit.

(ii) The petitioner further pleaded that while so the respondent Nos.1 and 2 in collusion with their friends and partners viz., Maram Dattu and Maram Krishna Prasad, who in order to defeat his rights over the suit agreement of sale, filed two money suits i.e., O.S.No.3 of 2014 and O.S.No.4 of 2014 and the same were allowed by the same Court to pass two independent decrees. During the pendency of the aforesaid suits, he filed implead petition and the said Court dismissed the implead petition holding that he is not a proper and necessary party to the aforesaid suit proceedings. The petitioner further pleaded after obtaining decrees in O.S.No.3 of 2014 and O.S.No.4 of 2014, the respondent Nos.1 and 2 herein filed execution proceedings before the said Court and filed an Execution Application in the said execution proceedings before the said Court.

(iii) The petitioner pleaded that he filed two applications in E.A.No.196 of 2023 and E.A.No.217 of 2023 to receive the certified copies of orders of dismissal passed by the same Court in the implead petition filed by the above said person in I.A.No.780 of 2019 and I.A.No.779 of 2019 which were opposed by the said persons, wherein the learned trial Judge by way of separate orders, dated 09.10.2023, dismissed both the applications in E.A.No