TRCMP/356/2013 of A.Nookaratnam Vs AVV Narasimha Rao on 31 December 2014

ORDER:

This petition is filed to withdraw S.O.P.No.27 of 2013 from thefile of Principal Senior Civil Judge, Pithapuram and transfer the sameto Senior Civil Judge, Vizianagaram for disposal in accordance withlaw.

2. Petitioner herein is 3[rd] respondent in S.O.P.No.27 of 2013,who is 2[nd] wife of deceased Krishna Rao. Petitioner and the otherrespondents in S.O.P.No.27 of 2013 are the children of deceasedKrishna Rao through his first wife. According to affidavit of petitionerherein, deceased Krishna Rao worked in APSRTC Depot atVizianagaram and all the pensionary benefits for which successioncertificate is claimed have to be settled by Vizianagaram office and allthe records will be available at Vizianagaram and she is also residingat Vizianagaram but intentionally this petition was filed at Pithapuramto harass her.

3. Other side has not filed any counter disputing the affidavitaverments of the petitioner.

4. Heard both sides.

5. I have perused the material papers filed along with transferpetition and also the main O.P filed by 1[st] respondent herein. As seenfrom the averments, the said Krishna Rao died at T.Venkatapuram,hamlet of Tetagunta in Tuni Mandal while working in APSRTC Depot,Vizianagaram. As seen from the cause of action mentioned in Para-IVof S.O.P.No.27 of 2013, the entire cause of action even according to1[st] respondent herein was within the jurisdiction of VizianagaramCourt. Only by taking the place of death, O.P. is filed at Pithapuram.

As rightly pointed out by advocate for petitioner all the recordspertaining to the service of deceased Krishna Rao will be atVizianagaram and the pensionary claim has to be settled byVizianagaram office, therefore, considering the request of petitioner, Ifeel that O.P. can be transferred to Vizianagaram for disposal inaccordance with law.

6. For these reasons, S.O.P.No.27 of 2013 is withdrawn fromthe file of Principal Senior Civil Judge, Pithapuram and transferred toSenior Civil Judge, Vizianagaram.

7. Accordingly, the Transfer Miscellaneous Petition is allowed. No costs. As a sequel, miscellaneous petitions, if any filed in this civilmiscellaneous petition, shall stand closed.

Date: 31.12.2014.gvl

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S. RAVI KUMAR, J