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Madras High CourtTR CMP/34/2020allowed

D.Gayathri v. M.Dinesh Babu

2020-02-19Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.34 of 2020 and C.M.P. No.873 of 2020 Mrs.D.Gayathri

...Petitioner

vs.

M.Dinesh Babu

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to pass an order for withdrawal of H.M.O.P. No.291 of 2019 filed by the respondent herein pending on the file of Sub Court, Vellore and transfer the same to the file of Sub Court, Tambaram to be tried along with H.M.O.P. No.894 of 2019.

For Petitioner : Mr.V.Tamilamudhu For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Pammal, Chennai, has come up with this Petition seeking transfer of H.M.O.P. No.291 of 2019, filed by the respondent herein, from the file of Sub Court, Vellore to the file of Sub Court, Tambaram to be tried along with H.M.O.P. No.894 of 2019, filed by her.

2.

According to the Petitioner, it would be difficult for her to attend the hearings in H.M.O.P. No.291 of 2019 at Sub Court, Vellore.

3. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent in spite of his name printed in the cause list, after service.

4. There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed. https://hcservices.ecourts.gov.in/hcservices/

5. In the result, the proceedings in H.M.O.P. No.291 of 2019, is withdrawn from the file of Sub Court, Vellore and transferred to the file of Sub Court, Tambaram, to be tried along with H.M.O.P. No.894 of 2019. The Sub Court, Tambaram is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.873 of 2020 is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar (Asr) To :

1.

The Sub Court, Vellore 2.

The Sub Court, Tambaram +1cc to Mr.V.Tamilamudhu, Advocate SR.No.14033 Tr. C.M.P. No.34 of 2020 and C.M.P. No.873 of 2020 KJ(CO) GMY(09/03/2020) https://hcservices.ecourts.gov.in/hcservices/