N USHA RANI Vs. N RAMA DEVI

JUDGEMENT

(1.) THIS Court on 29. 7. 2008 while issuing notice to the respondents granted interim stay of further proceedings on condition of depositing the entire decretal amount after deducting the amount, if any, already deposited. It was also specified that in the event of failure of the petitioner in complying with the above direction, the interim stay shall stand vacated.

(2.) THERE is some controversy whether the order had been complied with or not. The counsel for the petitioners asserting that the deposit in fact had been made and the counsel representing the respondents contending that the amount as directed by this Court in fact had not been deposited. This Court is not inclined to express any opinion relating to the said controversy in this transfer C. M. P.

(3.) THE present transfer C. M. P is filed by the petitioners under Section 24 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) praying for withdrawal of the entire E. P. proceedings in E. P. No. 175 of 2005 along with E. A. No. 166 of 2005 from the file of the Principal Junior Civil Judge, Chittoor and transfer the same to the Court of the Additional Senior Civil Judge, Chittoor to be tried along with O. S. No. 98 of 2005 and pass such other orders.