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Madras High CourtCRP/928/2022dismissed

Gomathi v. Deivasigamani

2022-03-28Honourable Ms. Justice P.T. Asha3 pages

C.R.P.(PD).No.928 of 2022 P.T.ASHA.J., At the instance of the learned counsel for the petitioner the matter has been listed today under the caption "For Being Mentioned".

2. The learned counsel for the petitioner would clarify that by an oversight it was not brought to the notice of this Court that the suit O.S.No.542 of 2020 had been transferred for administrative reasons to the II Additional Subordinate Court, Erode and now pending before the said Court. Therefore, the reference in paragraph no.4 to the I Additional Subordinate Court, Erode has to be corrected.

3. In view of the above clarification, the paragraph no.4 of the order dated 28.03.2022 may be substituted as follows:- "4. Both the learned counsel would submit that since both the matters are interconnected and with reference to the same subject matter and parties, the suit O.S.No.53 of 2020 pending on the file of the Principal District Munsif, Erode may be withdrawn and transferred to the file of the II Additional Subordinate Court, Erode to be tried along with O.S.No.542 of 2020. Accordingly, the suit O.S.No.53 of 2020 pending on the file of the Principal District Munsif, Erode is withdrawn and transferred to the file of the II Additional Subordinate Court, Erode to be tried along with O.S.No.542 of 2020."

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instead of :- "4. Both the learned counsel would submit that since both the matters are interconnected and with reference to the same subject matter and parties, the suit O.S.No.53 of 2020 pending on the file of the Principal District Munsif, Erode may be withdrawn and transferred to the file of the I Additional Subordinate Court, Erode to be tried along with O.S.No.542 of 2020. Accordingly, the suit O.S.No.53 of 2020 pending on the file of the Principal District Munsif, Erode is withdrawn and transferred to the file of the I Additional Subordinate Court, Erode to be tried along with O.S.No.542 of 2020."

4. In all other aspects, the earlier order dated 28.03.2022 shall remain unaltered.

5. The Registry is directed to issue a fresh corrected copy of the order to the parties.

02.11.2023 shr 2/3

P.T.ASHA, J., shr C.R.P.(PD).No.928 of 2022 02.11.2023 3/3