Kanithi Saujanya vs Siddhant Kumar Dutt

Savitri Ratho, J

TRP (C) No.329 of 2022 & I.A. No.373 of 2022

Heard Mr. P.K.Mishra, learned counsel for the petitioner.

This application has been filed by the petitioner under Section 24         of C.P.C. for transfer of Civil Suit No.1581 of 2021 filed by the opposite party praying for compensation and other reliefs, in the Court of the learned Civil Judge (Senior Division), Bhubaneswar to the Court of learned Civil Judge (Senior Division), Berhampur.

Mr. Mishra, learned counsel for the petitioner submits that the petitioner is now working in Bengaluru and she is apprehensive of coming to Bhubaneswar because she fears that as the opposite party is a resident of Bhubaneswar, he may either kidnap her or physically harm her if she comes to Bhubaneswar to attend the case. He also submits that because the petitioner is unable to come to Bhubaneswar, her counsel who had entered appearance on her behalf in C.S.No.1581 of 2012 has not taken any step for filing of written statement for which her application under Order-7, Rule-10 of C.P.C. has been rejected as not pressed as none is there to move the petition and the Civil Suit was posted to 3.8.2022 for hearing. Thereafter the case had been posted to 12.9.2022.

Considering the above submissions, issue notice to the opposite party in the TRP (C) as well as in the I.A. through Registered Post with A.D., returnable within four weeks, requisites for which shall be filed by 23.09.2022. One set of process fee shall be accepted.

List this matter on 10.11.2022.

In the interim, further proceeding in C.S.No.1581 of 2021 pending in the Court of the learned Civil Judge (Senior Division), Bhubaneswar shall remain stayed till the next date.

Urgent certified copy of this order be granted as per rules.

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