N.V.Tejkiran v. K.Baghyalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19-06-2017 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.Nos.722 & 802 of 2016 and C.M.P.Nos.18682 & 20299 of 2016 N.V.Tejkiran

...Petitioner in Tr.CMP No.722 of 2016 &

Respondent in Tr.CMP No.802 of 2016 Vs.

K.Baghyalakshmi

...Respondent in Tr.CMP No.722 of 2016 &

Petitioner in Tr.CMP No.802 of 2016 Prayer in Tr.CMP No.722/2016 : Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P No.3349 of 2016 from the file of Principal Judge, Family Court, Chennai and to transfer the same to be tried alongwith HMOP No.85 of 2016 on the file of Sub Court, Kancheepuram.

Prayer in Tr.CMP No.802/2016 : Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the H.M.O.P No.85 of 2016 pending on the file of Sub Court, Kancheepuram and post alongwith OP No.3349 of 2016 on the file of the Principal Judge, Family Court at Chennai. For Petitioner in Tr.CMP No.} 722 of 2016 & Respondent } : Mrs.D.Geetha in Tr.CMP No.802 of 2016 } For Respondent in Tr.CMP No.} Mrs.R.Varalakshmi for 722 of 2016 & Petitioner in }: M/s.Majestic Law Firm Tr.CMP No.802 of 2016 } COMMON ORDER The transfer petition in Tr.CMP No.722/2016 is filed to withdraw the H.M.O.P No.3349 of 2016 from the file of Principal Judge, Family Court, Chennai and to transfer the same to be tried alongwith HMOP No.85 of 2016 on the file of Sub Court, Kancheepuram. The transfer petition in Tr.CMP No.802/2016 is

filed to withdraw and transfer the H.M.O.P No.85 of 2016 pending on the file of Sub Court, Kancheepuram and post alongwith HMOP No.3349 of 2016 on the file of the Principal Judge, Family Court at Chennai.

2. When the matters are taken up for hearing, both the learned counsel appearing for the husband as well as the wife submitted that both the parties have no objection to transfer H.M.O.P No.85 of 2016 pending on the file of Sub Court, Kancheepuram and HMOP No.3349 of 2016 pending on the file of the Principal Judge, Family Court at Chennai to Sub Court, Poonamallee, to be tried together. Both the learned counsel have made endorsements to that effect.

3. Recording the submission and endorsement made by the learned counsel for both the parties, without deciding the issue on merits, both the petitions in H.M.O.P No.85 of 2016 pending on the file of Sub Court, Kancheepuram and HMOP No.3349 of 2016 pending on the file of the Principal Judge, Family Court at Chennai are ordered to be withdrawn and transferred to Sub Court, Poonamallee to be tried together. The Presiding Officer, Sub Court, Kancheepuram and the Presiding Officer, Family Court, Chennai are directed to transmit all the records pertaining to HMOP No.85 of 2016 and HMOP No.3349 of 2016 respectively, to the file of Sub Court, Poonamallee, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the records, the Presiding Officer, Sub Court, Poonamallee, is directed to dispose of both HMOP Nos.85 of 2016 & 3349 of 2016, as expeditiously as possible, in any event, not later than six

(6) months from the date of receipt of case bundles from the concerned court.

4. Accordingly, these Transfer Civil Miscellaneous petitions are ordered. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nvi/rgr

To 1.The Principal Judge, Family Court, Chennai 2.The Subordinate Judge, Kancheepuram.

3.The Subordinate Judge, Poonamallee.

+1 cc to M/s.D.Geetha Advocate sr 43291 Tr.C.M.P.Nos.722 & 802 of 2016 mn(co) aa29/08/2017