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Madras High CourtTR CMP/430/2021dismissed as infructuous

S. Shanthi v. M. Shankar Raj

2021-12-07Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.No.430 of 2021 and C.M.P.Nos.10911 and 10913 of 2021 S.Shanthi .. Petitioner Vs.

M.Shankar Raj .. Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw the HMOP.No.91 of 2020 on the file of the Sub-Court, Mettupalayam and transfer the same to be tried along with O.P.No.44 of 2021 on the file of the Family Court, Karur.

For Petitioner :

Mr.A.Sivaji For Respondent :

Mr.B.Gopalakrishnan for Mr.B.Kumarasamy

O R D E R

The wife seeks transfer of HMOP.No.91 of 2020 on the file of the sub-Court, Mettupalayam to the Family Court, Karur to be tried along with O.P.No.44 of 2021.

2. Mr.B.Gopalakrishnan, learned counsel appearing for the respondent would submit that HMOP.No.91 of 2020 has been dismissed for default on 28.10.2021.

3. In view of the same nothing survives in this Transfer Civil Miscellaneous Petition and the same is dismissed as having https://hcservices.ecourts.gov.in/hcservices/

become infructuous. It is open to the petitioner to seek restoration of the Tr.CMP, if HMOP.No.91 of 2020 is restored. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar dsa To The Subordinate Judge, Mettupalayam.

+1cc to Mr.A.Sivaji, Advocate SR. No.65083 Tr.C.M.P.No.430 of 2021 NRL (CO) PR (22/12/2021) https://hcservices.ecourts.gov.in/hcservices/