Court emphasized the necessity of physical presence for hearings while allowing virtual attendance in specific circumstances.

IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.255 of 2024 Indumati Behera & others …. Petitioners Mr. M. K. Nayak, Advocate -versus-

Susanti Sahu …. Opposite Party Mr. A.K. Pradhan, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

30.06.2025 Order No.

05. This matter is taken up through hybrid mode.

2. Heard learned Counsel for the parties.

3. The present transfer petition has been filed by the Petitioners, who are the Defendants in C.S. No.36 of 2024 for transfer of the said suit pending in the Court of Civil Judge, (Sr. Division), Bhanjanagar, Dist-Ganjam to the Competent Court at Berhampur, Dist-Ganjam. The said Suit has been preferred by the present Opposite Party, who is a lady, seeking direction to the Defendants to execute the Registered Sale Deed in her favour with respect to the suit house and to restrain the Defendants permanently from interfering with the peaceful possession of the Plaintiff with respect to the suit house and to grant such other relief/reliefs.

4. Such a prayer has been made on the ground that the Petitioners submits, the Petitioner No.1 is an old and ailing lady, who is staying with Petitioner No.2, who is her son and at present working in L & T at Kansbahal in the District of Sundargarh and the Petitioner No.3 is the daughter of Petitioner No.1, who is at present staying at Rayagada. It would be difficult on their part to appear before the Court of Civil Judge, Sr. Division at Bhanjanagar, even though they have engaged a lawyer, who belongs to Berhampur. Hence, a prayer has been made for transfer of the said proceeding from Bhanjanagar to Berhampur on the grounds detailed above.

5. A further ground has been urged in the transfer petition that the Petitioner Nos.1 & 2 are residing at Kansbahal, whereas the Petitioner No.3 is self-employed having a beauty parlor at Rayagada and it will be difficult on their part to remain physically present before the Court below, when their presence will be required for their examination and cross examination by travelling such a long distance and spending huge money towards their travelling expenses so also expenses towards boarding and lodging at Bhanjanagar in the district of Ganjam.

6. Learned Counsel for the Petitioners further submits, the Petitioners, who are the Defendants in C.S. No.36 of 2024, have engaged a lawyer from Berhampur and it has become difficult on their part to bear the fees and travelling expenses of the concerned lawyer to attend the case at Bhanjanagar. That apart, they are facing difficulty to contact the office of the learned Civil Judge (Sr. Division), Bhanjanagar and there is every chance of threatening and physical assault by the Opposite Party and her relatives and the Counsel for the Petitioners (Defendants) is unable to get information on every occasion from the Court of learned Civil Judge (Sr. Division), Bhanjanagar by physically visiting the said Court, as he is a practicing lawyer at Berhampur.

7. Per contra, learned Counsel for the Opposite Party submits that the Opposite Party is a lady. Since the cause of action arose at Bhanjanagar, she has rightly preferred the civil suit in Bhanjanagar. If the case is transferred to Berhampur, it will be difficult on her part to engage a lawyer at Berhampur apart from the expenditure, she has to bear towards her lodging and boarding expenses and attend the case, whenever her presence would be required by the Court below for her examination and cross examination and for other purposes.

8. Learned Counsel for the Opposite Party further submits, the Opposite Party being a lady, the apprehension of the Petitioners, who are the Defendants before the Court below, as to threatening and physical assault by the Opposite Party and her relatives is baseless. Though the Petitioners have already appeared before the Court below, till date no such alleged incident has occurred and the plea as to threatening given by the Opposite Party or her relatives has been taken only for the purpose of misleading this Co