IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6401 of 1996 Date: 14.12.2005 Between: 1 Akella Pattabhiramayya S/o.Krishna Somayajulu (Died) R/o.Vyaghreswaram Ambajipeta Mandal East Godavari District and others. ..... PETITIONER AND 1 Gundabathula Prabhakara Rao S/o.Late Narayana Murthy R/o.Pulletikurru Village Ambajipeta Mandal East Godavari District and others .....RESPONDENTS THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6401 of 1996 ORDER: No representation on both sides. Perused the record. A.T.C.No.36 of 1989 was filed by the petitioner against the first respondent in the Court of the Special Officer-cum-District Munsif, Kothapet. On administrative grounds it was transferred to the Court of Special Officer-cum-District Munsif, Amalapuram, East Godavari District, and was renumbered as A.T.C.No.2 of 1990. Thereafter, it was allowed ex parte, since the first respondent failed to enter his appearance. After the petitioner filed E.P for delivery of possession of the property covered by the A.T.C., first respondent filed I.A.No.944 of 1990 under Order IX Rule 13 C.P.C. to set aside the ex parte order of eviction passed against him. The learned Special Officer allowed the same, overruling the objection of the petitioner that the petition to set aside the ex parte order is barred by limitation. Appeal preferred by the petitioner to the District Judge, Rajahmundry, East Godavari District in A.T.A.No.67 of 1992 questioning the said order was dismissed. Hence, this petition. The main grievance of the petitioner seems to be that inasmuch as first respondent filed the petition to set aside the ex parte order beyond 30 days from the date of ex parte order, the same is barred by limitation. The learned District Judge, in his order impugned in this petition, clearly stated that a perusal of the record shows that after transfer of the case from Kothapet to Amalapuram, no notice was issued to the respondent or his counsel. It is well known that when a case is transferred from one Court to another Court, transferee Court has to issue notice to the concerned party or to his counsel to enable them to be present before it for taking part in further proceedings. When no notice is served on the first respondent after transfer of the case to Amalapuram, limitation begins to run from the date of knowledge only. Since the petition was filed well within 30 days from the knowledge of the ex parte order, the order of the learned District Judge, impugned in this petition does not suffer from any infirmity and so I find no merits in this petition. The writ petition is accordingly dismissed. No costs. _____________________ (C.Y. SOMAYAJULU, J) Date: 14.12.2005 va