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Madras High CourtTR CMP/199/2020dismissed as withdrawal

Priya Saraswathy v. S.Annamalai

2020-03-17Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY Tr.C.M.P.No.199 of 2020 and C.M.P.No.6127 of 2020 Priya Saraswathy ... Petitioner/Respondent Vs.

S.Annamalai

...Respondent/Petitioner

Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer H.M.O.P.No.1374 of 2019 filed by the petitioner on the file of the Family Court, Madurai to the Sub Court, Sivagangai or Family Court, Trichy or any other Court.

For Petitioner : Mr.G.Saravana Kumar For Respondent : Mr.R.Chandra Mohan

O R D E R

When the matter is taken up for hearing, Mr.R.Chandra Mohan, learned counsel appearing for the respondent submitted that the Original Petition in H.M.O.P.No.1374 of 2019 pending on the file of the Family Court, Madurai has already been dismissed for non-prosecution on 07.03.2020. Since the Original Petition is not pending before the Family Court, the learned counsel for the petitioner seeks the permission of this Court to withdraw the Transfer Civil Miscellaneous Petition with liberty to file fresh Transfer Civil Miscellaneous Petition as and when the H.M.O.P.No.1374 of 2019 is restored to file and has also made an endorsement to that effect.

2.In view of the same, the Transfer Civil Miscellaneous Petition is dismissed as withdrawn. It is open to the petitioner to file a fresh Transfer Civil Miscellaneous Petition as and when H.M.O.P.No.1374 of 2019 is restored to file. No costs. Consequently, the connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar va https://hcservices.ecourts.gov.in/hcservices/

To

1. The Family Court, Madurai.

2. The Sub Court, Sivagangai.

3. The Family Court, Trichy.

Tr.C.M.P.No.199 of 2020 and C.M.P.No.6127 of 2020 RJI(CO) rli(22/05/2020) SP(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/