Y Sesha Ratnam And 2 Others v. Botcha Rama Krishna
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Tr.C.M.P.Nos.876, 877, 880 and 883 OF 2017 COMMON ORDER:
The petitioners in all the petitions are one and the same, claiming identical relief and raised similar contentions; I find it expedient to dispose of all the matters by common order. The petition Nos.876, 880 and 883 are filed under Section 24 Code of Civil Procedure (for short "C.P.C.") to withdraw O.S.Nos.124, 169 and 184 of 2017 pending on the file of the Additional Senior Civil Judge, Anakapalli and transfer the suits to any other Senior Civil Judge, at Ranga Reddy District. The petition No.877 of 2017 is filed to withdraw O.S.No.59 of 2017 pending on the file of X Additional District and Sessions Judge, Anakapalli and transfer the same to any other District and Sessions Judge at Ranga Reddy District.
The petitioners are the defendants in the above suits pending before the Court and the respondents filed suits based on promissory notes for recovery of amount.
During hearing, learned counsel for the petitioners reiterated the contentions raised in the petitions and the only ground urged before this Court is that the petitioners are facing life threat to attend the Court at Anakapalli and other Courts at Visakhapatnam District.
Learned counsel for the respondents opposed the petition on the ground that there is no threat much less life threat to the petitioners even if they attend the Court at Anakapalli in
MSM,J Tr.cmps_876, 877, 880 and 883_2017 connection with the above suits and other Courts at Visakhapatnam District.
The petitioners are the defendants in various suits referred above and the husband of the petitioner No.1 committed default in payment of chit amounts collected from various subscribers, but the petitioners are not liable to pay any amount, and due to nonpayment of the amount collected from various subscribers the respondents threatening the petitioners with serious consequences. It is specifically alleged in paragraph No.7 of petition that the petitioners lodged a complaint with the police, Anakapalli complaining threat them to appear before the Court at Anakapalli.
In view of the apprehension expressed by the petitioners, if a direction given to the Station House Officer, Anakapalli Police Station to provide necessary police protection to the petitioners subject to bearing the expenses, the purpose would be served and the apprehension in the minds of the petitioners regarding life thereat can be wiped out.
Therefore, without touching other merits, I deem it appropriate to direct the Station House Officer, Anakapalli to provide police protection to the petitioners whenever they attend the Additional Senior Civil Judge's Court and X Additional District and Sessions Judge at Anakapalli in connection with O.S.Nos.124, 59, 169 and 184 subject to bearing necessary expenses for providing such police protection.
In the result, the petitions are disposed of and the Station House Officer, Anakapalli is directed to provide police protection to the petitioners whenever they attend the Additional Senior Civil
MSM,J Tr.cmps_876, 877, 880 and 883_2017 Judge's Court and X Additional District and Sessions Judge's Court at Anakapalli in connection with O.S.Nos.124, 59, 169 and 184 subject to bear necessary expenses for providing such police protection. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 23.01.2018 Ksp