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Madras High CourtTR CMP/232/2018ordered

Gayathri Devi v. Mr.K.Arun,

2018-04-24Honourable Ms.Justice V.M.Velumani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.232 of 2018 and C.M.P.No.5969 of 2018 Gayathri Devi ... Petitioner Vs.

K.Arun ... Respondent Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.19 of 2018 on the file of the Subordinate Court-I, Palani and transfer the same to the file of the III Additional Family Court, Chennai, to try along with H.M.O.P.No.382 of 2018 pending on its file.

For Petitioner : Mr.S.Sundaresan For Respondent : Mr.A.Sundaravadhanan

O R D E R

This petition is filed to withdraw H.M.O.P.No.19 of 2018 on the file of the Subordinate Court-I, Palani and transfer the same to the file of the III Additional Family Court, Chennai, to try along with H.M.O.P.No.382 of 2018 pending on its file. 2.When this petition is taken up for hearing, the learned counsel appearing for the respondent submitted that the respondent has no objection to transfer H.M.O.P.No.19 of 2018 pending on the file of the Subordinate Court-I, Palani, to the file of the III Additional Family Court, Chennai, to try along with H.M.O.P.No.382 of 2018 pending on its file and he has also made an endorsement to that effect.

3.Heard the learned counsel for the petitioner as well as the respondent.

4. In view of the submission and endorsement so made by the learned counsel for the respondent, without deciding the issue on merits, the petition in H.M.O.P.No.19 of 2018 pending on the file of the Subordinate Court-I, Palani, is ordered to be withdrawn and transferred to the file of the III Additional Family Court, Chennai, to be tried along with https://hcservices.ecourts.gov.in/hcservices/

H.M.O.P.No.382 of 2018 filed by the petitioner, in order to avoid multiplicity of proceedings and conflicting judgments being delivered by two different Courts. The learned Judge, Subordinate Court-I, Palani, is directed to transmit all the records pertaining to H.M.O.P.No.19 of 2018 to the file of the III Additional Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order. 5.Accordingly, the Transfer Civil Miscellaneous Petition is ordered. No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar kj To 1.The III Additional Family Judge, Chennai.

2.The Judge, Subordinate Court-I, Palani.

+1cc to Mr.S.Sundaram,Advocate,sr.no.30401 +1cc to Mr.A.Sundaravadhanan,Advocate,sr.no30465 Tr.C.M.P. No.232 of 2018 and C.M.P.No.5969 of 2018 VGII(CO) RRK(23/05/18) https://hcservices.ecourts.gov.in/hcservices/