HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TRANSFER C.M.P.No. 707 OF 2011 DATED 28TH NOVEMBER, 2011 BETWEEN Sri Madu Appala Raju and ors …Petitioners And Devender Singh and anr ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA Tr.C.M.P.No. 707 of 2011 ORDER: This Transfer Civil Miscellaneous Petition under Section 24 of CPC is filed seeking to withdraw and transfer O.S.No. 1287 of 2005 pending on the file of the learned II Additional Senior Civil Judge, at Visakhapatnam to any other competent Court of learned Senior Civil Judge at Visakhpatnam, for its disposal according to law, after affording sufficient opportunity to the petitioners. Heard. Perused the case file. The petitioners herein, who are the plaintiffs in O.S.No. 1287 of 2005 on the file of the learned II Additional Senior Civil Judge, Visakhapatnam, filed the said suit against the respondents herein for declaration of their title and recovery of possession of the suit schedule property. It is their case that the learned II Additional Senior Civil Judge, Visakhapatnam, where the aforesaid suit is pending consideration, is biased against them and is not giving sufficient opportunity to put-forth their case. It is their complaint that the said Presiding Officer is not conducting the suit proceedings in accordance with law and that he is showing favoritism towards the respondents/defendants. With the self same allegations, the petitioners had filed transfer petition in TOP.No. 1022 of 2011 before the District Judge, Visakhapatnam, who by his order dated 1-11-2011 dismissed the same, directing the learned II Additional Senior Civil Judge, Visakhapatnam to dispose of the suit which was ripe for disposal after hearing the arguments of both parties according to law without being perturbed by any of the said allegations made in the petition and dispose of the suit judiciously. Challenging the said order, the present petition is filed. I have gone through the impugned order passed by the learned District Judge, Visakhapatnam. After filing the petition before the District Court by the petitioners, the learned District Judge called for the remarks of the learned II Additional District Judge, Visakhapatnam, on whose file the suit in O.S.No. 1287 of 2005 is pending consideration and against whom allegations are made by the petitioners. After receiving the remarks and having gone through the same, the learned District Judge passed the impugned order. It appears that when the defendants filed documents and the Court below received the same, the petitioners/plaintiffs have raised an objection which was recorded by the Court below. That course of action adopted by the Court below was not liking to the petitioners/plaintiffs. Taking note of the same, the petitioners/plaintiffs appeared to have made an allegation that the Court below is biased and is showing favourtism to the defendants. It is not proper on the part of the petitioners to make such allegations against the Court below without any basis and valid reasons. The learned District Judge has dealt with these aspects clearly and rightly rejected the transfer petition filed by the petitioners. It is always open to the petitioners to forward a complaint to the High Court against any Court in the State provided they have valid grounds and information which will be dealt with by the High Court on administrative side. However, the petitioners are not entitled to file such transfer petition with a view to delay the dispose of the suit which is ripe for disposal. Considering the facts and circumstances of the case, I do not find any merit in the Transfer Civil Miscellaneous Petition, which is liable to be dismissed. In the result, the Transfer Civil Miscellaneous Petition fails and is dismissed. No costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 28th November, 2011. Msnro