S.Savithri v. M.Jawahar Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.No.12238 of 2025 S.Savithri ... Petitioner Vs.

M.Jawahar Mohan ... Respondent Prayer: The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, seeking to withdraw the H.M.O.P.No. 59 of 2025 which is pending on the file of the Sub Court, Kumbakonam and to transfer the same to the file of the Sub-Court, Tiruvannamalai. For Petitioner : Mr.S.Kumara Devan For Respondent : No appearance

ORDER

Pursuant to the order passed by this Court on 24.06.2025, the petitioner has effected paper publication in one issue of Tamil Daily in "Malai Murasu, Chennai Edition, dated 06.07.2025. Even today, there is no appearance on the side of the respondent. Therefore, the respondent is called

absent and set exparte.

2. Heard the learned counsel appearing for the petitioner.

3. The learned counsel for the petitioner submits that the petitioner being normally resides in Thiruvannamalai District, has expressed difficulty in travelling a distance of more than 200 km to attend the proceedings at Kumbakonam. Therefore, the petitioner seeks transfer of the H.M.O.P.No. 59 of 2025 from the Sub Court, Kumbakonam, to the Sub Court, Tiruvannamalai, where she presently resides.

4. I have gone through the affidavit filed in support of the petition. The petitioner has assigned genuine and acceptable reasons for being unable to attend the hearings at Kumbakonam.

5. In view of the above, this Court is of the opinion that the petitioner has made out a case for transfer of the suit, as prayed for.

6. Accordingly, the Tr.C.M.P.No.498 of 2025 is allowed and H.M.O.P.No.59 of 2025 pending on the file of Sub Court, Kumbakonam is

withdrawn and transferred to the file of the Sub Court, Tiruvannamalai.

7. The Sub Court, Kumbakonam is directed to send the entire records relating to H.M.O.P.No.59 of 2025 to the file of Sub Court, Tiruvannamalai forthwith.

8. The Sub Court, Tiruvannamalai is directed to take up the H.M.O.P.No.59 of 2025 and dispose of the same expeditiously, in a manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

15.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order nsl P.B.BALAJI, J.

nsl To

1. The Sub Court, Kumbakonam.

2. The Sub Court, Tiruvannamalai.

15.07.2025