The High Court transferred to this bench a petition seeking relocation of a family suit. Since the underlying suit was dismissed as not pressed due to cohabitation, no litigation existed, rendering the transfer petition infructuous. The petition was dismissed.
The petition was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY THREE
PRESENT
HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER
TRANSFER CIVIL MISCELLANEOUS PETITION No.430 of 2022
Between:
Neeluri Jahnavi, W/o N. Harinath, D/o. U. Rama Murthy, aged 29 years, D.No 75/28-2, 6**^ Road, Vijayadurga Colony, Kadapa-516003
...Petitioner
AND
Neeluri Harinath, S/o N. Satyanarayana, aged 31 years, Hindu, Occ: Private Employee, D.No. 30/797, Balajinager, Kottapeta, Dharmavaram Town, Now Residing at Plot No. 17, H.No. 12-1/5/4, Beside Vidyavani High School, Huda Colony, Chandanagar, R.R.District.
...Respondent
Petition under Section 24 of the C.P.C. Praying thatin the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the RCR.P.106 of 2018 on the file of Senior Civil Judge, Dharmavaram to the Hon'ble VI Additional District Judge cum Family Court, Kadapa.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in RCR.P.106 of 2018 on the file of Senior Civil Judge Dharmavaram. ’
Counsel for the Petitioner
: Sri C Sri Hari Prasad (not present)
Counsel for the Respondent : Sri Akula Sri Krishna Sai Bhargav The Court made the following:
THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER
transfer civil miscellaneous petition N0.430 OF 2022
District, which shows that O.P.106 of 2018 on the file of Senior Civil Judge Court, Dharmavaram was already dismissed as not
pressed on the ground that both parties are living together.
- Therefore, no lis survives to adjudicate in the present petition.
- In the result, the Transfer Civil Miscellaneous Petition is dismissed as infructuous. No order as to costs. Consequently, miscellaneous petitions, if any, shall stand vacated. ' closed. Th^ interim stay granted if any, shall stand
RAO ASSISTANT REGISTRAR
//TRUE COPY//
To
SECTION OFFICER
HIGH COURT
DATED:01/12/2023
ORDER
TRCMP.Np.430 of 2022
DISMISSING THE TRANSFER CIVIL miscellaneous petition as INFRACTUOUS ^ Copi'(2_^
1 issue framed by the court
Whether the transfer petition is maintainable when the underlying petition was already dismissed.
1 provisions across 1 enactments
Neeluri Jahnavi
Neeluri Harinath
Bandaru Syamsunder
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
