THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVILMISCELLANEOUS PETITION No.93 of 2010 ORDER: This petition is filed under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to transfer O.P.No.363 of 2009 pending on the file of the Judge, Family Court, City Civil Court, Hyderabad to the file of the Judge, Family Court, City Civil Court, Secunderabad, or the Judge, Additional Family Court, Criminal Courts complex at Nampally, Hyderabad, or the Judge, Family Court, Ranga Reddy. It can be seen from the averments in the petition that on 26.11.2009 when the petitioner herein, who is respondent in the O.P., or his counsel in the trial Court, was absent, the trial court set the petitioner herein, ex parte, and thereafter the ex parte order was set aside. It is further stated in the petition that the application filed by the petitioner on 19.8.2009 was languishing in the Court, and on enquiry from the concerned Clerk, it was numbered, but thereafter it was not listed. Thereafter, it seems one Mr.Razzak was appointed as Advocate Commissioner. As seen from the allegations in the petition, even if the allegations are accepted as true, at this stage, they do not constitute any ground to transfer the case as prayed for. They are bald and baseless allegations attributing something against the Presiding Officer, and they are nothing to do with the case. As seen from the averments in the petition, the Presiding Officer is proceeding with the case in accordance with law. Therefore, there are no grounds to transfer the case as prayed for. However, the grievance of the petitioner is that the Advocate Commissioner is friend of the learned counsel appearing for the respondent, in the trial court. Without admitting the same as true, it is desirable that the evidence of P.W.1 should be recorded by the Judge of the Family Court, City Civil Court, Hyderabad. Evidence in chief is already recorded and for cross-examination of P.W.1, the matter can be posted to 17.3.2010 in view of the fact that P.W.1 has to leave the country before 21.3.2010. The learned counsel appearing for the respondent in the trial court, who is appearing in this revision also, informed to proceed with cross-examination of P.W.1 on that day without fail. For any reason, the learned counsel fails to cross-examine P.W.1, the cross- examination can be closed by the trial Court, and the matter shall be proceeded further. With the above direction, the Transfer C.M.P. is dismissed. No costs. ------------------- (K.C.Bhanu, J.) 12.3.2010 Drk THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVILMISCELLANEOUS PETITION No.93 of 2010 Date: 12.3.2010 Between: Sandhyavandanan Guru Raja Rao …Petitioner And Meera Rajagopalan …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVILMISCELLANEOUS PETITION No.93 of 2010 12.3.2010