S.Maheswari v. N.Sureshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.13 of 2020 and C.M.P. No.456 of 2020 S.Maheswari

...Petitioner

vs.

N.Sureshkumar

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.80 of 2019 pending on the file of Additional Sub Court, Kumbakonam and transfer the same to Sub Court at Chidambaram.

For Petitioner : Mr.R.Rajaramani For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Adhivarahanallur, Sri Mushnam Taluk, Cuddalore District, has come up with this Petition seeking transfer of H.M.O.P. No.80 of 2019 from the file of Additional Sub Court, Kumbakonam to the file of Sub Court, Chidambaram, for trial. 2.

According to the Petitioner, it would be very difficult for her to attend the hearings in H.M.O.P.No.1645 of 2019 at Kumbakonam, as she apprehends that she would face untoward happenings, if she will be attending the hearings at Sub Court, Kumbakonam.

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 bona fides in filing this Transfer Petition. I am, therefore, of the view that the Transfer Petition deserves to be allowed.

5. In the result, the proceedings in H.M.O.P.No.80 of 2019 is withdrawn from the file of the Sub Court, Kumbakonam and transferred to the file of Sub Court at Chidambaram, for trial. The learned Subordinate Judge, Sub Court, Chidambaram, 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. https://hcservices.ecourts.gov.in/hcservices/

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.456 of 2020 is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar (Asr) To :

1.

The Judge, Subordinate Court, Kumbakonam 2.

The Judge, Subordinate Court, Chidambaram Tr.C.M.P.No.13 of 2020 and C.M.P. No.456 of 2020 rp co A.SK(26/05/2020) https://hcservices.ecourts.gov.in/hcservices/