Joga Nagamani Vs Joga Veera Venkata Naga Kanaka Surya Rao

1.JOGA VEERA VENKATA NAGA KANAKA SURYA RAO, S/o. Lakshmana Rao, Aged about years, Occ R/o. D. No. 68-8-23, Near Sal Baba temple, Ashok Nagar, Kakinada District.

¶11

...RESPONDENT

¶12

Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw the H.M.O.P. No. 370 of 2023 on the file of the Hon'ble III Addl. Senior Civil Judge Court, Kakinada, and transfer to the Hon'ble Senior Civil Judge Court, Narsipatnam, Anakapalli District, and pass

¶13

IA NO: 1 OF 2026

¶14

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 pleased to stay of all further proceedings in H.M.O.P. No. 370 of 2023 on the file of the Hon'ble III Addl. Senior Civil Judge Court, Kakinada, pending the Transfer Civil Miscellaneous Petition and pass

¶15

Counsel for the Petitioner:

¶16

1.KOTI REDDY IDAMAKANTI

¶17

Counsel for the Respondent:

¶18

1.

¶19

The Court made the following:

¶20

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.01 of 2026

¶21

ORDER:

¶22

The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.370 of 2023 on the file of the III Additional Senior Civil Judge, Kakinada, East Godavari District and transfer the same to the file of the Senior Civil Judge Court at Narsipatnam, Anakapalli District, for trial and disposal of the same.

¶23

Heard learned counsel for the petitioner and perused the affidavit filed by the petitioner.

¶24

Today, when the matter has been taken up for hearing, learned counsel for the petitioner fairly submitted that the respondent/husband herein instituted a case in the year 2023 vide H.M.O.P.No.370 of 2023 on the file of the III Additional Senior Civil Judge, Kakinada, East Godavari District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage, the same is pending for adjudication. He further submitted to this Court that the entire evidence of the petitioner/husband in H.M.O.P.No.370 of 2023 has been completed and respondent/wife in the said case who is the petitioner herein, has filed her chief affidavit as RW-1 and she has to be crossexamined by the learned counsel for the petitioner in H.M.O.P.No.370 of 2023 and the matter has been posted to 09.01.2026, for cross-examination of the petitioner herein.

¶25

As seen from the material available on record, it clearly shows that it is a part heard matter and the entire evidence of the petitioner/husband in H.M.O.P.No.370 of 2023 has been completed and the matter has been posted for cross-examination of RW1. In such circumstances, at this stage, if the said case is transferred to the file of the Senior Civil Judge Court at Narsipatnam, it would result further delay. As stated supra, the said H.M.O.P.No.370 of 2023, was instituted at about three (3) years ago.

¶26

For the above said reasons, I am of the considered view that there are no valid grounds to consider the request made by the petitioner to transfer the said H.M.O.P.No.370 of 2023, on the file of the III Additional Senior Civil Judge, Kakinada, to the file of the Senior Civil Judge Court at Narsipatnam. However, since the petitioner/wife herein is residing at her parents’ house at Makavarapalem Village, near Anakapalli District, after completion of the crossexamination of the petitioner herein, i.e., RW-1, in H.M.O.P.No.370 of 2023 before the III Additional Senior Civil Judge, Kakinada, East Godavari District, her personal appearance shall not be required before the said Court, as she has engaged a counsel before the III Additional Senior Civil Judge, Kakinda, East Godavari District.

¶27

With the above observations, the Transfer Civil Miscellaneous Petition is disposed of at the stage of admission. The learned III Additional Senior Civil Judge, Kakinada, East Godavari District, is hereby instructed that after completion of cross-examination of RW1/petitioner herein, the personal appearance of the petitioner/wife herein, i.e., the respondent in H.M.O.P.

¶28

No.370 of 2023 shall not be insisted upon, as long as her counsel on record is attending the Court proceedings before the said Court. Learned III Additional Senior Civil Judge, Kakinada, East Godavari District, is hereby further directed to dispose of the H.M.O.P.No.370 of 2023 within a period of two (02) months from the date of receipt of a copy of the order. There shall be no order as to costs.

¶29

As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.

¶30

_______________________________ JUSTICE V.GOPALA KRISHNA RAO

¶31

Date: 06.01.2026 NOTE: ISSUE C.C. By 07.01.2026 B/o CVD

Joga Nagamani v. Joga Veera Venkata Naga Kanaka Surya Rao

Case brief

What is this about?

What did the court decide?

Joga Nagamani v. Joga Veera Venkata Naga Kanaka Surya Rao

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Nallapothula Jayachandra Vs Nallapothula Chengam Naidu

Smt. Palukurthi Venkata Sai Lakshmi, Vs Sri. Palakurthi Vinai Siva Satyanaryana Murthy

Ramulakota Malleswari, Vs Ramulakota Bala Maddileti

Sati Sridhara Surya Sarvani Vs Sathi Gowtham Reddy

N. Kalavathi, Vs Smt. M. Mallika

D. Madhusudhan Reddy Vs S. Venkata Narayana