Madras High CourtTR CMP/415/2023allowed

N.Kalaiyarasi v. B.Nagarajan

2023-12-12Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 415 of 2023 and C.M.P.No. 9183 of 2023 N.Kalaiyarasi ... Petitioner Vs.

B.Nagarajan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to transfer the HMOP No.336 of 2022 on the file of Sub Court, Alandur to the Sub-Court,Kanchipuram and consequently directing for joint trial along with HMOP No.84 of 2023 on the file of the Subordinate Court at Kanchipuram.

For Petitioner : Mr.Dharanidharan For Respondent : No appearance 1/4

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No.336 of 2022 pending on the file of Sub-Court, Alandur to Sub-Court, Kanchipuram to be tried along with H.M.O.P.No.84 of 2023.

2. Despite service of notice, there is no representation on the side of respondent.

3. The learned counsel for petitioner would submit that the petitioner wife seeks transfer of the proceedings on the ground that she is not able to travel from her place of residence to attend every hearings before Sub-Court, Alandur. Hence, he prayed to transfer the petition.

4. Records perused. The reasons assigned by the petitioner wife is justifiable one and the fact that she is not able to travel from Kanchipuram to attend every hearings before the Sub-Court, Alandur. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the petition in H.M.O.P.No.336 of 2022 is withdrawn from the file of the Sub-Court, Alandur and transferred to the file of Sub-Court, Kanchipuram, to be tried along with H.M.O.P.No.84 of 2023 and the learned trial judge is directed to 2/4

transfer the case to the Sub-Court, Kanchipuram within a period of two weeks from the date of receipt of copy of this order. The learned Sub-Court, Kanchipuram is also directed to take case on file within period of one week from the date of receipt of papers and issue notice to the respondent as per manner known to law and thereafter, to dispose the case as early as possible. No costs. Consequently, connected civil miscellaneous petition is closed. 12.12.2023 Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To

1. The Subordinate Court, Alandur.

2. The Subordinate Court, Kanchipuram 3/4

T.V.THAMILSELVI, J.

rpp Tr.C.M.P.No. 415 of 2023 12.12.2023 4/4