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Madras High CourtTR CMP/404/2019allowed

N.Pavithra v. S.Kuralarasan

2019-06-28Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.06.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.404 of 2019 and CMP.No.10934 of 2019 N.Pavithra .. Petitioner vs.

S.Kuralarasan .. Respondent Civil Miscellaneous Appeal filed under Section 24 of C.P.C. seeking to withdraw the Proceedings in HMOP.No.34 of 2019 on the file of the Sub-Court, Udumalaipettai and transfer the same to the file of the Sub-Judge, Mettur, Salem District. For Petitioner : Mr.D.J.Venkatesan For respondent : No appearance

JUDGMENT

The present Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the Proceedings in HMOP.No.34 of 2019 on the file of the Sub-Court, Udumalaipettai and transfer the same to the file of the Sub-Judge, Mettur, Salem District. 2.

Learned Counsel appearing for the petitioner submitted that the petitioner is residing at Salem. She is aged about 25 years. Therefore, it is difficult for her to undertake a long journey for 200 kms. to attend the Court hears at Sub-Court, Udumalpettai in connection with HMOP.No.34/2019 filed by her husband respondent. Therefore, seeks a direction from this Court to transfer the pending HMOP.No.34/2019 on the file of the Sub-Court Udumalpettai to the file of the Sub Judge, Mettur, Salem District.

3.

Though notice was served on the respondent and the service was completed, no one appears for the respondent which shows that the respondent has no objection in allowing this Transfer Civil Miscellaneous Petition. Secondly, when there has been a long distance of about 200 kms. from Udumalpet to Salem, the Transfer Civil Miscellaneous Petition is allowed as prayed for by the petitioner.

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4.

Accordingly, the HMOP.No.34/2019 pending on the file of the Sub-Court, Udumalpettai is withdrawn and transferred to the file of the learned Sub Judge, Mettur, Salem District. 5.

With the above direction, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar tsi To 1.The Sub-Judge, Udumalpet.

2. The Sub-Judge, Mettur, Salem District.

2.+1 CC to Mr.D.J.Venkatesan, Advocate sr 54617. Tr.CMP.No.404 of 2019 BS(CO) SP(24/07/2019) https://hcservices.ecourts.gov.in/hcservices/