V.Kalaiarasan v. Priya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.908 of 2015 and M.P.No.1 of 2015 V.Kalaiarasan ... Petitioner/ Petitioner Vs.

Priya ... Respondent/ Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.4 of 2014 from the file of Sub Court, Harur and transfer the same to the file of Sub Court, Krishnagiri. For Petitioner : Mr.O.R.Madesvaren for R.Prasanna Vineeth Durai For Respondent : Mr.C.C.Sivakumar

O R D E R

This petition is filed to withdraw H.M.O.P.No.4 of 2014 pending on the file of Sub Court, Harur and transfer the same to the file of Sub Court, Krishnagiri.

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.4 of 2014 pending on the file of Sub Court, Harur to the file of Sub Court, Uthangarai and he has made an endorsement to that effect. He also prayed for travelling expenses for each and every hearing.

3. The learned counsel for the petitioner submitted that the petitioner is ready and willing to pay Rs.200/- for travelling expenses to the respondent for each and every hearing and though the petitioner filed Tr.C.M.P. to transfer H.M.O.P.No.4 of 2014 pending on the file of Sub Court, Harur to the file of Sub Court, Krishnagiri and the petitioner has no objection to transfer H.M.O.P.No.4 of 2014 pending on the file of Sub Court, https://hcservices.ecourts.gov.in/hcservices/

Harur to the file of Sub Court, Uthangarai and made an endorsement to that effect.

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

5.In view of the above submissions and endorsements made by both the counsel for the petitioner and respondent, without deciding the issue on merits, the petition in H.M.O.P.No.4 of 2014 is ordered to be withdrawn from the file of Sub Court, Harur and transferred to the file of Sub Court, Uthangarai. The learned Subordinate Judge, Harur is directed to transmit all the records pertaining to H.M.O.P.No.4 of 2014 to the file of Sub Court, Uthangarai, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the records, the learned Subordinate Judge, Uthangarai is directed to dispose of H.M.O.P. as expeditiously as possible, in any event not later than three months, thereafter.

6. The petitioner is directed to pay a sum of Rs.200/- for travelling expenses to the respondent for her appearance of each and every hearing.

7.Accordingly, this Transfer Civil Miscellaneous Petition is ordered. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Subordinate Judge, Harur.

2.The Subordinate Judge, Uthangarai.

+1cc to Mr.R.Prasanna Vineeth Durai, Advocate, S.R.No.50264 Tr.C.M.P. No.908 of 2015 and M.P.No.1 of 2015 SSV(CO) GSP(07/09/2018) https://hcservices.ecourts.gov.in/hcservices/