ORDER:

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of Civil Procedure Code (in short “CPC”) seeking transfer of O.S. No.14 of 2022 on the file of Principal Senior Civil Judge Court at Sompeta of Srikakulam District to Principal Senior Civil Judge Court at Visakhapatnam.

2. The case of the petitioner/plaintiff in brief is that she filed O.S. No.14 of 2022 against the respondents for cancellation of the sale deed, dated 25.05.2022 and for permanent injunction restraining respondent Nos.1 & 2 from interfering with her peaceful possession and enjoyment of the plaint schedule property and the said suit was posted on 16.03.2023 for framing of issues. The main contention of the petitioner is that now she is suffering from serious health issues, as per medical advice, she has to take bed rest, due to that she is now residing at Vishakhapatnam, not in a position to attend the Court at Sompeta of Srikakulam District. She also alleged that she has been attending the Court, since the date of institution and whenever she attended the Court, respondent Nos.1 & 2 have threatened her with dire consequences and she is facing hardship due to the behaviour of the respondents. She prays to allow the petition.

3. I have heard learned counsel Ms. Kavya representing on behalf of Mr. Mojjada Hari Krishna, learned counsel for the petitioner as well as learned counsel Mr. Ramakrishna representing on behalf of Mr Battula Sanjaiah Gandhi, learned counsel for respondent Nos.1 & 2. Notice served to respondent No.3. None appeared.

4. The learned counsel representing the petitioner would submit that due to serious health problems, as the petitioner under-went surgery, now she is residing at Visakhapatnam. She would further submit that as per medical advice, petitioner has to take bed rest for a period of four (04) months and to support her contention, she also filed a copy of medical records. She prays to allow the petition.

5. The learned counsel representing respondent Nos.1 & 2 would submit that as per the medical certificate issued by the Medical Officer dated 17.02.2023, which shows that petitioner required bed rest for a period of four (04) months which is only up to 17.06.2023, but there is no possibility of taking up the matter for trial as suit is of the year 2022. He prays to dismiss the petition.

6. Now the point that emerges for consideration of this Court is:-

“Whether there are any grounds to transfer O.S. No.14 of 2022, on the file of Principal Senior Civil Judge Court at Sompeta of Srikakulam District to Principal Senior Civil Judge Court at Visakhapatnam?”.

7. POINT:- Before going to the merits of the case, it would be beneficial to quote Section 24 of CPC which reads as under:-

“24. General Power of transfer and withdrawal:-

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and (i) try or dispose of the same, or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section-

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Co