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Madras High CourtTR CMP/280/2025allowed

R.Sivaranjani v. G.Nishanth

2025-07-29Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 5518 OF 2025

1. R.Sivaranjani D/o.G.Ravi, No.4 Gopinaidu Street, Dharma Nagar, Ayappakkam, Chennai - 600 077.

Petitioner(s) Vs

1. G.Nishanth S/o.Gopikrishnan, No.11g, Metha Nagar, Andaankuppam, Kundrathur, Chennai - 600 069.

Respondent(s) PRAYER The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking to withdraw HMOP.No.295/2024 pending before Honble Subordinate Court, Alandur and to transfer the same to Honble Judicial Magistrate Court, Ambattur.

For Petitioner: Mr.C.A.Ashok Kumar For Respondent(s):

No appearance

ORDER

Pursuant to the orders of this Court, the petitioner effected publications in one issue of the Tamil daily Malai Murasu, edition dated 2.06.2025. 2.Despite the publication, the respondent has chosen neither to appear in person nor through counsel. Hence, the respondent is called as 'ex parte. 3.Heard the learned counsel for the petitioner. 4.The petitioner is the wife who has been arrayed as respondent in HMOP.NO.295 of 2024 before the subordinate Court, Alandur. The petitioner, being the resident of Ayappakkam, seeks transfer of the said proceedings to the Sub Court, Ambattur.

5.The learned counsel for the petitioner would, however, state that by inadvertence, instead of the Sub Court, the Judicial Magistrate Court has been wrongly mentioned. The petitioner has expressed genuine inconvenience at having to attend the proceedings before the Subordinate Court at Alandur.

6.In any event, the respondent has not come forward to controvert the averments set out in the affidavit filed in support of the transfer civil miscellaneous petition.

7.In view of the above, this transfer CMP is allowed, HMOP.NO.295 of 2024 is withdrawn from the file of the Subordinate Court, Alandur and transferred to the file of the Sub Court, Ambattur. No costs. Consequently, the connected miscellaneous petition is closed.

29-07-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes

P.B.BALAJI J.

jrs To

1. The Judge, Subordinate Court, Alandur.

2.The Judge, Sub Court, Ambattur.

AND CMP NO. 5518 OF 29-07-2025