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Madras High CourtTR CMP/511/2019allowed

M.Sudha @Pattammal v. N.Vignesh @Sellvaganapathy Sharma

2019-08-16Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2019

CORAM

THE HON'BLE MR.JUSTICE T.RAJA Tr.C.M.P.No.511 of 2019 and CMP No.14082 of 2019 M.Sudha @ Pattammal .... Petitioner/ Respondent Vs N.Vignesh @ Selvaganapathy Sharma .... Respondent/ Petitioner Prayer :

Petition under Section 24 of C.P.C., seeking to withdraw the H.M.O.P.No.14 of 2019 before the Sub Court at Panruti and transfer the same to learned Subordinate Court, Tambaram. For Petitioner : Ms.A.Yamuna For Respondent : No appearance

O R D E R

The petitioner Sudha @ Pattammal, is the wife of the respondent N.Vignesh @ Selvaganapathy, has come before this Court, seeking an order for withdrawal of the pending H.M.O.P.No.14 of 2019, on the file of the learned Sub Court, Panruti to be transferred to the file of the learned Subordinate Court, Tambaram.

2. Learned counsel for the petitioner submitted that both the petitioner and the respondent are residing in Chennai. She further submitted that the petitioner is presently unemployed and the respondent is working in Tata Consultancy Services Limited at Chennai, and therefore it would be convenient for the respondent also, if the H.M.O.P.No.14 of 2019 pending on the file of the Sub Court, Panruti is transferred to the file of the learned Sub Court at Tambaram.

3.The Court records show that the notice issued by this Court was served on the respondent on 23.07.2019. Hence, as the respondent in not coming before this Court either in person or through a counsel, inspite of the service of notice, this Court

is of the view that the respondent has no objection for allowing the Tr.C.M.P. in favour of the petitioner.

4. Accordingly, the present Tr.C.M.P. is allowed and the H.M.O.P.No.14 of 2019 pending on the file of the learned Sub Court, Panruti, is withdrawn and transferred to the file of the learned Subordinate Judge, Tambaram. No costs. Consequently, connected miscellaneous petition is closed.

5. The learned Subordinate Judge, Tambaram, is directed to take up H.M.O.P.No.14 of 2019 and dispose of the same expeditiously in the manner known to law.

Sd/- Deputy Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar KST To 1.

The Sub Judge, Panruti 2.

The Sub Judge, Tambaram +1cc to Mr.G.Arun, Advocate, S.R.No.69576 Tr.C.M.P.No.511 of 2019 VGII(CO) CS/17/09/2019