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Madras High CourtTR CMP/621/2024allowed

V. Thangamani v. M.K. Kalingaraj

2025-06-09Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.C.M.P.No.621 of 2024 & CMP.No.13262 of 2024 V.Thangamani ... Petitioner vs.

M.K.Kalingaraj ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the O.P. No.101 of 2024 pending of the file of the Sub Court, Pollachi and transfer the same to Sub Court, Gudalur, The Nilgiris.

For Petitioner : Mr.K.Balasubramaniam For Respondent : Mr.S.Arulselvan

ORDER

The petitioner/husband seeks transfer of O.P. No.101 of 2024 pending of the file of the Sub Court, Pollachi to Sub Court, Gudalur, The Nilgiris. 1/4

2. Heard the learned counsel for the petitioner Mr.K.Balasubramaniam. This Transfer Civil Miscellaneous Petition listed on 05.06.2025, there is no representation by the respondent. In order to giving an opportunity to the respondent/husband to putforth his contention regarding any objection in the transfer proceedings, the matter was listed today under caption 'for orders'. Even today, the respondent has not chosen to enter appearance either in person or through counsel. The respondent is called and set ex-parte.

3. The petitioner has expressed her genuine difficulties and inconvenience for travelling all the way to Pollachi and has come forward seeking transfer of the said proceedings on the file of the Sub Court, Pollachi and has made out justifiable grounds seeking transfer of O.P. No.101 of 2024 from the file of Sub Court, Pollachi and transfer the same to Sub Court, Gudalur, The Nilgiris.

4. I have also gone through the averments set out in the affidavit filed in support of the petition and I am satisfied with the reasons assigned in the affidavit and the petitioner has made out a prima facie case for seeking 2/4

transfer as prayed for.

5. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in O.P. No.101 of 2024 is hereby withdrawn from the file of the Sub Court, Pollachi and transfer the same to Sub Court, Gudalur, The Nilgiris. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

09.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No rkp To 1.The Sub Judge, Sub Court, Pollachi 2.The Sub Judge, Gudalur, The Nilgiris 3/4

P.B.BALAJI.J., rkp Tr.C.M.P.No.621 of 2024 & CMP.No.13262 of 2024 09.06.2025 4/4