IMPORTANT POINT
Judicial officers cannot be impleaded in civil proceedings, and attempts at forum shopping are to be strictly prohibited to maintain judicial integrity.

ORDER :

K. SUJANA, J.

This transfer petition is filed by the petitioners seeking transfer of O.S.No.324 of 2022 from the Court of learned Junior Civil Judge, Chevella to the Court Building of L.B.Nagar, Ranga Reddy District at L.B.Nagar and also to initiate disciplinary proceedings against respondent No.1 for suppressing the directions of the order of the High Court and committed serious mis-conduct and dereliction of duty and the learned Junior Civil Judge, Ranga Reddy District at Chevella should be placed under suspension forthwith and to conduct detail enquiry.

2. This transfer petition is filed by the petitioners stating that they are the defendants in O.S.No.324 of 2022 on the file of Junior Civil Judge, Ranga Reddy District at Chevella. Plaintiff filed the suit for permanent injunction against the defendants and also filed I.A.No.958 of 2022 seeking temporary injunction. In the said I.A., notice was issued to the respondents. On receipt of notice, the respondents filed I.A.No.1430 of 2022 and 1431 of 2022 for production of original Gift Settlement deed, but the Court below dismissed the said I.As. Therefore, they filed recall petition as per the observations made by the Court below and the said petitions are also rejected at the time of scrutiny itself. They also filed petitions for recalling the orders passed in I.A.Nos.1430 and 1431 of 2022 and the said petitions are also rejected by the scrutiny officer. The petitioners also filed petition for determining the issue of maintainability of I.A.No.958 of 2022 filed by the petitioners seeking temporary injunction under Order XXXIX Rules 1 and 2 r/w.Section 151 CPC in view of the directions issued by the Hon’ble Supreme Court, but the scrutiny officer without registering the I.A., rejected the petition by violating the Civil Rules of Practice. According to him, the learned Civil Judge, Chevella is showing personal interest and instead of referring the suit to Principal District Judge, the Junior Civil Judge, Chevella sent letter dated 06.09.2023 seeking instructions on the petition filed by them. The learned Principal District Judge, Ranga Reddy District, on receipt of the said letter and the representation of Sri Vinod Kethepally, Advocate for the plaintiff in O.S.No.324 of 2022, who is the 4th respondent herein, stated that in view of the directions issued by the High Court for the State of Telangana, the case cannot be transferred. Therefore, the learned Junior Civil Judge, Chevella is required to dispose of the case as per law.

3. It proves that the 4th respondent played fraud on the Court of learned District & Sessions Judge, Ranga Reddy District at L.B.Nagar for obtaining fraudulent order. As per Section 35 of the Advocate Act, 1961, fraud is a serious mis-conduct and amounts to contempt of the Court. As such, prayed the Court to transfer O.S.No.324 of 2022 to any other Court in L.B. Nagar.

4. Heard Sri A. Ushi Reddy, party-in-person/petitioner No.1 who has also filed vakalath for revision petitioners 2 and 3, Sri Vivek Jain, learned counsel appearing for respondents 1 and 2 and Sri Vinod Kumar Kothapally, learned counsel appearing for the respondent No.3.

5. Learned counsel for the petitioners would submit that the petitions filed by the petitioners herein are rejected at the time of scrutiny itself. Though he mentioned the same, it is a separate petition, it was not numbered and without submitting bundle to the Principal District Judge, the concerned officer addressed letter to the Principal District & Sessions Judge, Ranga Reddy District at L.B.Nagar and the learned Principal District & Sessions Judge, without authority of Rules and judgment of this Court, directed the Junior Civil Judge, Chevella to conduct trial in the case as per law, which shows that the concerned advocate played fraud on the Court and the Junior Civil Judge is showing interest in favour of the plaintiff. Therefore, he prayed the Court to transfer O.S.No.324 of 2022 to any other Court in L.B. Nagar.

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