Saranya v. Subarajadevan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.12385 of 2022 Saranya ... Petitioner Vs.

Subarajadevan ... Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the HMOP No.46 of 2020, on the file of Subordinate Court, Nagapattinam and to transfer the same to the file of Subordinate Court, Mayiladuthurai.

For Petitioner : Mr.M.Vinoth For Respondent : Mr.M.R.Elavarasan

O R D E R

The petition for transfer is filed to withdraw the HMOP No.46 of 2020, on the file of Subordinate Court, Nagapattinam and to transfer the same to the file of Subordinate Court, Mayiladuthurai.

2. Though Mayiladuthurai has been bifurcated as Revenue District, still the jurisdiction falls within the Judicial District of Nagapattinam. Since the Transfer Petition has been filed to transfer the HMOP No.46 of 2020 now pending on the file of Sub Court, Nagapattinam and to transfer the same to Sub Court Mayiladuthurai, the petitioner has to approach the Principal District Judge, Nagapattinam under Section 24 of the Code of Civil Procedures. Thus, the petitioner is at liberty to approach the District Court to transfer of his case.

3. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 06.12.2022 Jeni Index : Yes Speaking order

To 1.The Judge, Subordinate Court, Nagapattinam.

2.The Judge, Subordinate Court, Mayiladuthurai.

3.The Principal District Judge, Nagapattinam.

S.M.SUBRAMANIAM, J.

Jeni 06.12.2022