S.N.Binusha v. S.Balasubramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR CMP NO.465 of 2017 S.N.Binusha ... Petitioner versus S.Balasubramanian ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the HMOP No.63 of 2016 pending on the file of Sub Court, Kuzithurai Kanyakumari District and transfer the same to Sub-Court Tambaram.

For Petitioner : Mr.K.Nagarajan For Respondent : No appearance

O R D E R

The Petitioner/wife has filed the present Transfer Civil Miscellaneous Petition to withdraw HMOP No.63 of 2016 from the file of the Sub Court, Kuzhithurai, Kanyakumari District and transfer the same to Sub - Court, Tambaram.

2. The Sole respondent was served on 29/06/2017, but has not entered appearance.

3. The petitioner is residing at Vengai Vasal, Chennai-600 126. According to the petitioner, the distance between Chennai and Kanyakumari is about 750 kms and as such, it is very difficult for her to travel from Chennai to Kanniyakumari, for defending the proceedings in H.M.O.P.No.63 of 2016.

4. Considering the distance and the physical inconvenience caused to the petitioner, this Court is inclined to transfer HMOP No. 63 of 2016. Accordingly, HMOP No. 63 of 2016 is withdrawn from the file of Sub Court Kuzithurai, Kanniyakumari and is transferred to Sub Court Tamabaram. The Sub Court, Tamabaram is directed to re-number the petition and dispose of the same, as expeditiously as possible.

5. The Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

28.07.2017

Index : Yes/No Internet : Yes/No bsm/tk To

1) The Sub Court, Kuzithurai, Kanyakumari

2) The Sub-Court, Tambaram.

M.GOVINDARAJ, J.

bsm/tk TR CMP NO.465 of 2017 28.07.2017