HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TR.C.M.P. No. 703 OF 2011 DATED 25TH November, 2011 BETWEEN Pedmanabham Suri Babu and ors …….Petitioners and Vudikala Lakshmana Rao and ors …… Respondents HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TR.C.M.P.No. 703 OF 2011 ORDER: This Transfer Civil Miscellaneous Petition under Section 24 CPC is ﬁled seeking to transfer the suit in O.S.No. 94 of 2006 pending on the ﬁle of the learned IV Additional District Judge, Visakhapatnam to any competent Court having jurisdiction to try the said suit. Heard. Perused the case file. It is the case of the petitioners that ﬁrst respondent instituted the suit in O.S.No. 94 of 2006 on the ﬁle of the learned IV Additional District Judge, Visakhapatnam, against the petitioners and respondents 2 and 3, for declaration of title; and that after closure of the evidence of ﬁrst respondent (plaintiﬀ), the suit was posted for their evidence; and that while orally dismissing the petitions ﬁled by the petitioners to summon the witnesses to give evidence on their behalf, the Court below closed the evidence and the posted the suit for arguments. It is the further case of the petitioners that the learned Presiding Oﬃcer is biased against them and that in view of the refusal by the Court below, they are not able to and could not place the complete evidence for proper adjudication of the suit. It is to be noticed that if the petitions sought to be ﬁled by the petitioners were refused to entertain by the Court below without valid and cogent reasons and evidence was abruptly closed without aﬀording suﬃcient opportunities, nothing prevented the petitioners to assail such action in appropriate proceedings. The allegation that the Court below had not entertained the petitions ﬁled by the petitioners without valid reasons and hastily closed the evidence is not a valid ground to seek transfer of the suit proceedings to any other Courts. It is relevant to note that 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. In the case on hand, the failure on the part of the petitioners to initiate appropriate proceedings challenging the alleged refusal by the Court below to entertain the petitions sought to be ﬁled by them clearly manifests that they are not diligent enough to pursue the matter and allowed the suit to reach the stage for arguments. That being so, I do not ﬁnd any merit in the prayer of the petitioners seeking transfer of the suit in O.S.No. 94 of 2006 pending on the ﬁle of the IV Additional District Judge, Visakhapatnam to any other Court. In the result, the Transfer Civil Miscellaneous Petition fails and is accordingly dismissed. There shall be no order as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 25TH November, 2011. Msnro