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RENUKA YARA
B. Narsimha Reddy – Appellant
Versus
Commissioner, Thumukunta Municipality, Medchal Malkajgiri District – Respondent
ORDER
This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner to transfer O.S. No. 31 of 2019 pending on the file of the learned Additional Senior Civil Judge, Medchal Malkajgiri District at Medchal.
2. Heard Mr. D. Amarender Reddy, learned counsel for the petitioner and Mr. Mohd Islamuddin Ansari, learned counsel for respondent No.3 as well as Mr. H. Venugopal, learned senior counsel and Mr. K. Durga Prasad, learned counsel for the respondent No.5. Perused the record.
3. In sum and substance, the contention of the learned counsel for the petitioner is that he has apprehension that he would not get fair trial before the learned Additional Senior Civil Judge, Medchal Malkajgiri District at Medchal. Further, his contention is that respondent No.1-the Commissioner, Thumukunta Muncipality Medchal Malkajgiri District and respondent No.6-the Commissioner Gundlapochimpally Muncipality, Medchal Malkajgiri District, are not facilitating trial but making unnecessary allegations against the petitioner about his intentions to grab land which was meant for laying road to the District Court complex, Medchal Malkajgiri.
4. For t
Transfer of suit – Mere apprehension of adverse order cannot be a ground for transfer – Eventuality of transfer of suit on account of amendments based solely on merits is different from seeking trans....
The main legal point established in the judgment is the need to balance the motive and underlying object of seeking transfer, the lack of substantial evidence supporting allegations of bias and preju....
Allegations of unfair trial and local influence must be substantiated, and proper legal remedies should be pursued for challenging adverse judicial orders and false criminal FIRs.
Allegations of bias require substantial evidence to justify the transfer of civil suits; mere apprehension of bias is insufficient, maintaining the integrity of judicial officers is paramount.
Mere apprehension of not getting justice or extraneous affairs not connected with the issue of transfer are not sufficient grounds for transferring a case.
Mere apprehension of bias or prejudice is not sufficient to justify transfer of a case. There must be a reasonable apprehension based on concrete evidence or circumstances.
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