HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA Tr.C.M.P.Nos. 644, 646 and 647 of 2011 . DATED 8th December, 2011 BETWEEN Seemakurthi Narasimha Rao …Petitioner in all Tr.CMPs And Velaga Satyanarayana Murth ….Respondent in Tr.CMP.No.644/2011 Madineni Srinivas ….. Respondent in Tr.CMP.No.646/2011 Nakirekanti Narasimha rao …..Respondent in Tr.CMP.No.647/2011 ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA Tr.C.M.P.Nos. 644, 646 and 647 of 2011 COMMON ORDER: As the subject matter of these petitions is one and the same, these three Transfer Civil Miscellaneous Petitions can be disposed of by this common order. These transfer petitions are filed seeking to transfer O.S.No. 94 of 2011 pending on the file of the learned Senior Civil Judge, at Kovvur, West Godavari District, O.S.Nos.151 of 2011 and 150 of 2011 pending on the file of the learned Principal Senior Civil Judge, at Kothagudem, Khammam, respectively to the Court of the learned Senior Civil Judge, Sakthupally, Khammam District. Heard. Perused the case file. It is submitted by the learned Counsel for the petitioner in all these transfer petitions that the respondents who have filed the aforesaid suits against the petitioner are strangers to him and that the said suits are instituted for recovery of money on the strength of the alleged pronotes dated 1.6.2007, 1.6.2007 and 7.7.2007. It is further pointed out that at the behest of one Nadipalli Chakradar Rao and his brother Narayanamurthy, who were earlier engaged by the petitioner to look after his business, the respondents herein created false claims against the petitioner and got filed the aforesaid suits in different Courts as stated supra. On the other hand, the learned Counsel for the respondents while strenuously opposing the transfer of the suits, submitted that the petitioner borrowed the amounts from the respondents herein for his business purpose by executing the alleged pronotes with his own handwriting and therefore he cannot now turn around and say that the respondents herein are strangers to him. He submitted that there are no valid grounds to transfer the suit proceedings and sought for dismissal of the transfer petitions. As can be seen from the record, except stating that the alleged pro-notes are rank forgery and respondents/plaintiffs are strangers to the petitioner, no valid or sufficient reason is shown for transfer of the aforesaid suits to the Court of the learned Senior Civil Judge, Sathupally, Khammam. Needless to state, although the discretionary power of transfer of cases cannot be imprisoned within a straightjacket of any cast- iron formula unanimously applicable to all situations, it cannot be gainsaid that the power to transfer a case must be exercised within due care, caution and circumspection. The ground raised by the petitioner seeking transfer of the subject suits is not at all a ground for doing so and at best it is a defence that can be put forth by the petitioner in the suits. No other ground has been urged before this Court for consideration of these petitions. Viewed from any angle, I do not see any merit in the transfer petitions which are liable to be dismissed. The Transfer CMPS are accordingly dismissed, but in the circumstances of the case, there shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 8TH DECEMBER, 2011. Msnro