K A. SURESH AND OTHERS Vs. R. GIRISH

JUDGEMENT

(1.) This writ petition is directed against the order dated 21.3.2016 passed by Principal City Civil and Sessions Judge, Bengaluru in Misc. No. 777/2015 where under petition filed by the petitioners under section 24, C.P.C., came to be rejected.

(2.) On said petition being registered, notice came to be issued. Plaintiff who had filed statement of objections contested the transfer petition and after considering the rival contentions raised at the Bar, Principal City Civil and Sessions Judge, Bengaluru has dismissed the Misc. petition by impugned order dated 23.1.2016 - Annexure-A.

(3.) It has been contended in this writ petition that learned Principal Judge committed a serious error in arriving at a conclusion that mere apprehension of bias would not entitle for transfer of cases from one Court to another or there was no material to establish that Presiding Officer was biased and exhibited hostile discrimination towards the petitioners i.e., defendants during the course of cross-examination of P.W. 1. It is also contended that on account of repeated intervention of Presiding Officer while the witness - P.W. 1 was being cross-examined, had annoyed the Counsel appearing for writ petitioners-defendants and this aspect was not taken note of by the Principal City Civil and Sessions Judge though brought to notice while passing the impugned order. On these grounds, it was contended that petitioners had reasonable apprehension of Presiding Officer (CCH No. 5) being biased and as such, defendants had raised a doubt that they would not be able to get fair trial and justice at the hands of Presiding Officer of Court Hall No. 5 and as such it was incumbent upon Principal City Civil and Sessions Judge to transfer both the suits to any other Judge of City Civil Court, Bengaluru except Civil Court at Mayohall Unit.