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Madras High CourtTR CMP/411/2015dismissed

G.Sivaranjani v. P.Saravanan

2017-03-21Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY Tr.C.M.P.No.411 of 2015 and M.P.No.1 of 2015 G.Sivaranjani ..Petitioner -vsP.Saravanan ..Respondent Petition filed under Section 24 of CPC seeking to withdraw and transfer of petition bearing H.M.O.P.No.134 of 2015 pending on the file of Family Court at Trichy, to the file of Principal Family Court at Chennai, where H.M.O.P.No.2103 of 2015 is pending.

For Petitioner : Mr.Auxila Peter For Respondents : Mr.S.L.Sudarsanam

O R D E R

The petitioner, who is the wife of the respondent, has filed the above Transfer Civil Miscellaneous Petition to withdraw and transfer the original petition in H.M.O.P.No.134 of 2015 pending on the file of Family Court, Trichy, to the file of Principal Family Court, Chennai, where H.M.O.P.No.2103 of 2015 is pending. 2.When the matter is taken up for hearing, the learned counsel appearing for the respondent submitted that the petition in H.M.O.P.No.134 of 2015 was already decreed by the Family Court, Trichy, by its order dated 11.03.2016, and therefore nothing survives for adjudication in the present petition. The learned counsel appearing for the petitioner also agreed that the original petition is not pending as of now. 3.In view of the submission made by the learned counsel on either side, the present petition stands dismissed. It is open to the petitioner / wife to file appropriate application seeking to restore the the original petition in H.M.O.P. No. 134 of 2015 to file. If any such application is filed before the Family https://hcservices.ecourts.gov.in/hcservices/

Court, Trichy for restoring H.M.O.P.No.134 of 2015, the same shall be decided on merits and in accordance with law. No costs. Consequently, M.P.No.1 of 2015 is also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra/abr To 1.The Judge, Family Court, Trichy.

2.The Principal Judge, Family Court, Chennai.

+1cc to Mr.Vxilia peter, Advocate, S.R.No.18069 +1cc to Mr.Sundarsanam, Advocate, S.R.No.18267 Tr.C.M.P.No.411 of 2015 MV(CO) RS(12/04/2017) https://hcservices.ecourts.gov.in/hcservices/