CHARAN SAMANTARAY Vs. SUBHASMITA BALIARSINGH

JUDGEMENT

(1.) The Petitioners, who are Defendants in C.S. No.292 of 2022 filed by the Opposite Party Nos. 1 to 3 in the Court of learned Senior Civil Judge, Khordha, seek transfer of the said case to the Court of learned Senior Civil Judge, Sambalpur.

(2.) The suit has been filed by the Opposite Party Nos. 1 to 3 for partition, permanent injunction, declaration and other consequential relief. Prayer for transfer of the suit has been made on the ground that Petitioner No.1 is an old man aged about 76 years and is under constant supervision of the Doctor for his fluctuating blood pressure, diabetes etc. and has been advised bed rest and prohibited from travelling. The Petitioner No.2 is an elderly lady of 63 years having cardiac and neurological problem. The documents relating to the ailment of the petitioners have been enclosed. It is further stated that the Plaintiff- Opposite Party Nos. 1 to 3 are residing in Hirakud, near Sambalpur where the Opposite Party No.1 is serving as a teacher in Saraswati Sishu Vidya Mandir at Bandhabahal, also near Sambalpur.

(3.) It is also stated that when the Petitioners appeared in the Court at Khordha on 16/3/2023, they were harassed by the relations and henchmen of Opposite Party No.1 and abused in filthy language and also threatened. They have also been receiving threatening calls from unknown number. On such grounds transfer of the suit is sought for, more so as the Opposite Party No.1 being a resident of Hirakud, will not be inconvenienced in any manner.