Alphonse Diana v. James Nagaraj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.822 of 2015 and MP.No.1 of 2015 Alphonse Diana
...Petitioner/Respondent
versus James Nagaraj
...Respondent/Petitioner
PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw D.O.P.No.153 of 2015 on the file of IV Additional District Judge, Tirunelveli and to transfer the same to same to the Family Court, Salem.
For Petitioner : Mr.P.Jagadeesan For Respondent : Mr.N.Ponraj
O R D E R
The respondent in D.O.P.No.153 of 2015 on the file of the learned IV Additional District Judge,Tirunelveli, has come up with this petition for transfer of the proceedings to a Court at Salem.
2. When this petition came up for hearing on 20.10.2016, the learned counsel for the petitioner took time to take instructions as to whether evidence has already been commenced.
3. When the matter was taken up, the learned counsel for the petitioner submitted that he has no instructions from the petitioner.
4. The learned counsel for the respondent reiterated his submission that the matter is now posted for the evidence of the petitioner, who is the respondent in D.O.P.No.153 of 2015.
5. Since the Trial Court has already commenced the proceedings for recording evidence, there is no question of transferring the matter to another Court at this point of time. I am therefore of the view that there is no need for transfer of the proceedings from the file of IV Additional District Court, Tirunelveli to any other Court.
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6. The learned IV Additional District Judge, Tirunelveli is directed to dispose of the proceedings in D.O.P.No.153 of 2015, as expeditiously as possible, and in any case on or before 31.03.2017.
7. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar To The IV Additional District Court, Tirunelveli Transfer CMP No.822 of 2015 ctk(co) aa23/11/2016 https://hcservices.ecourts.gov.in/hcservices/