Kumari v. Varunkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No.419 of 2021 1.Kumari 2.Ramesh ... Petitioners Vs.

Varunkumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw O.S.No.29 of 2021 from the District Munsif Court at Sriperumbudur and to transfer the same to Sub-Court, Kanchipuram to club and try the same along with O.S.No.113 of 2021, which is already pending on the file of the Sub-Court, Kanchipuram.

For Petitioner : Mr.R.Rangarajan For Respondent : Not ready in notice

O R D E R

It is informed by the learned counsel appearing for the petitioner that the suit filed by the petitioner in O.S.No.113 of 2021 on the file of the Sub-Court, Kanchipuram has been decreed exparte.

2. This petition is filed to withdraw O.S.No.29 of 2021 filed by the respondent/tenant on the file of the District Munsif Court at Sriperumbudur and to transfer the same to the file of Sub-Court, Kanchipuram along with O.S.No.113 of 2021 which is now decreed exparte. Therefore, nothing survives for further adjudication in this petition. However, it is informed that the defendant has filed a petition to set aside the exparte decree.

3. Considering the above, the transfer petition is dismissed. However if the exparte decree is set aside, liberty is given to the defendant to revive the Transfer Civil Miscellaneous Petition.

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4. Accordingly, this Transfer Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ssn To

1. The District Munsif Court, Sriperumbudur .

2. The Sub-Court, Kanchipuram.

3 .The Section Officer, VR Section, Madras High Court, Chennai.

Tr.C.M.P.No.419 of 2021 RSI(CO) SB(31/03/2022) https://hcservices.ecourts.gov.in/hcservices/