IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH WEDNESDAY THE TWENTYNINETH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 651 OF 2014 Between:
Bhavanasi Narayana & Ors. … Petitioners V/s.
Dandu Subbarayudu & Ors. … Respondents Counsel for Petitioners : SriGanduri Nageswara Rao Counsel for Respondents : None appeared The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 651 OF 2014 O R D E R :
This Transfer CMP is filed to withdraw IP.No. 8 of 2013 from the file of Principal Senior Civil Judge, Gadwal, Mahbubnagar district and transfer the same to Senior Civil Judge, Nandyal, Kurnool district.
2. Heard Advocate for petitioners.
3. The main ground urged in the Transfer CMP is that Respondent No.1 has not filed any document before Principal Senior Civil Judge’s Court, Gadwal to show that he is resident of Gadwal and properties are situated within the jurisdiction of Gadwal and therefore, the Court at Gadwal has no jurisdiction and all the creditors and cause of action is only at Nandyal of Kurnool district, therefore, I.P. has tobe transferred.
4. I have perused the affidavit filed in support of petition.
5. The main ground is that Principal Senior Civil Judge’s Court at Gadwal has no territorial jurisdiction to consider I.P. but the objections raised in Transfer CMP are defences available for the petitioners, which they have to urge before court concerned by invoking Section 11 of Provincial Insolvency Act. The grounds urged questioning territorial jurisdiction cannot be considered under section 24 of CPC for transfer. Therefore, there are no grounds to consider the application of petitioners under section 24 of CPC. However, petitioners are at liberty to urge these grounds before Principal Senior Civil Judge, Gadwal and the Principal Senior Civil Judge shall consider the same without being influenced by any of the observations made in this order.
6. Transfer CMP is dismissed at the admission stage. No costs.
7. As a sequel, miscellaneous petition if any, pending in this Civil Miscellaneous Appeal shall stand closed.
JUSTICE S. RAVI KUMAR .
29/10/2014
I s L
NB: Furnish CC in three days.
HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 651 OF 2014 Circulation No.92 Date: 29/10/2014 Court Master : I s L Computer No. 43