G. Isaac Dayardhana Rao vs Andhra Evangelical Luthern Church and Others

V.V.S. Rao, J.—The petitioner is the plaintiff in O.S. No.58 of 2001. The suit was filed against the respondents for a declaration that the third respondent be declared as disqualified to contest for any elective or selective post in Biennial Elections to be held in May 2001 to the A.E.L. Church and also for certain other reliefs. Along with the suit the petitioner filed I.A. Nos. 1829, 1830 and 1831 of 2001 for various interim reliefs including injunction restraining respondents 3 and 5 from participating in biennial convention to be held in May 2001. The Court of the First Additional District Judge, Guntur, dismissed the I.As exercising powers and functions as Vacation Civil Judge, Guntur. It appears that the Court of First Additional District Judge granted injunction in interlocutory applications in another suit filed by the respondents herein being O.S. No.96 of 2001 restraining the petitioner herein from interfering with the function of the elected office bearers like President and Vice-President. For this reason, the petitioner seeks transfer of O.S. No.96 of 2001 from the Court of First Additional District Judge, Guntur to any other Court in Guntur District.

I fail to understand as to how any transfer can be sought on the ground as is made out in the affidavit accompanying the petition. Merely because the Court of competent jurisdiction declined to grant any interim relief, the same cannot be a ground for seeking transfer u/s 24 of the Code of Civil Procedure, 1908. If that were be so, this Court would be fostering the situation where for the purpose of interlocutory orders one set of Courts would be of competent jurisdiction and for final disposal there will be another set of Courts of competent jurisdiction. Further, admittedly there are four District Courts in Guntur and what is sought is transfer of the case from the First Additional District Judge, Guntur to any other District Court for reasons, which are neither germane nor sustainable.

This Tr. C.M.P. is wholly misconceived and therefore it is accordingly dismissed. No costs.