Mrs. Thillai v. K. Shanmugam,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.754 of 2015 and M.P.No.1 of 2015 Mrs.Thillai .. Petitioner Vs K.Shanmugam .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.2622/2015 on the file of the III Additional Judge, Family Court, Chennai and to transfer the same to the file of the Sub Court, Chidambaram, Cuddalore District.

For Petitioner : Ms.S.Kanmani Annamalai For Respondent : Mr.D.Veerasekaran

O R D E R

This transfer civil miscellaneous petition has been filed for the transfer of HMOP filed by the respondent, which is now pending on the file of the III Additional Judge, Family Court, Chennai as HMOP No.2622/2015 from the said court to Sub Court, Chidambaram, Cuddalore District.

2. The learned counsel for the respondent has filed a Memo informing

this court that he has taken steps to withdraw the above said HMOP by filing a petition to advance the hearing for the purpose of withdrawal.

3. In view of the fact that the respondent is intending to withdraw the HMOP, the present transfer civil miscellaneous petition need not be considered on merit. Hence the transfer civil miscellaneous petition is dismissed. However, it is made clear that in case the respondent fails to withdraw the HMOP, then it shall be open to the petitioner to approach this court with a similar petition for transfer. Consequently, the connected miscellaneous petition is dismissed. 25.04.2016 Index : Yes/No Internet : Yes/No asr To 1.The III Additional Judge, Family Court, Chennai 2.The Sub Court, Chidambaram, Cuddalore District P.R.SHIVAKUMAR, J.

asr

Tr.C.M.P.No.754 of 2015 and M.P.No.1 of 2015 25.04.2016