A.G.Kavinraj v. Sangeetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2024

CORAM

THE HONOURABLE MR. JUSTICE V. SIVAGNANAM Tr. C.M.P.No.741 of 2023 & CMP.No.18081 of 2023 A.G. Kavinraj .. Petitioner vs Sangeetha ...

Respondent Prayer: Transfer Civil Miscellaneous Petition filed under section 24 of Civil Procedure Code praying to withdraw the HMOP.No.83 of 2022 on the file of the Subordinate Court, Uthangarai and transfer the same to the Subordinate Court, Sankagiri and to try along with HMOP.No.107 of 2022 on the file of the Sub Court, Sankagiri. For Petitioner : Mr. M. Guruprasad For Respondent : Mr.T.Arockia Doss for M/s. Dass Viswa Associates

ORDER

This Civil Revision Petition is filed praying to withdraw the HMOP.No.83 of 2022 on the file of the Subordinate Court, Uthangarai and transfer the same to the Subordinate Court, Sabnkagiri and to try along with HMOP.No.107 of 2022 on the file of the Sub Court, Sankagiri.

1/4

2. When the matter is taken up for consideration, the learned counsel appearing for the petitioner submitted that he had filed HMOP.No.107 of 2022 on the file of Sub Court, Sankagiri against his wife/respondent for restitution of conjugal rights and the same may be transferred to Sub Court, Uthangarai, where HMOP.No.83 of 2022 filed by the respondent/wife has been pending. He further submitted that he is ready to conduct HMOP.No.107 of 2022 at the Sub Court, Uthangarai and try both the cases simultaneously. The learned counsel appearing for the respondent has no objection for the same.

3. Recording the same, the prayer for transferring the HMOP.No.83 of 2022 on the file of the Subordinate Court, Uthangarai to Subordinate Court, Sankagiri and to try along with HMOP No.107 of 2022 is rejected and instead of that, the petition filed by the petitioner in HMOP.No.107 of 2022 on the file of Subordinate Court, Sankagiri is transferred to Subordinate Court, Uthangarai to decide along with HMOP.No.83 of 2022 filed by the respondent wife, pending on the file of Subordinate Court, Uthangarai. The Subordinate Judge, Sankagiri is hereby directed to send all the records pertaining to HMOP.No.107 of 2/4

2022 to the Subordinate Court, Uthangarai forthwith.

4. The Transfer Civil Miscellaneous Petition is dismissed with the above observation. No costs. Consequently, the connected miscellaneous petition is closed.

04.01.2024 msr Index:Yes/No Internet:Yes/No To

1. The Subordinate Court, Uthangarai

2. The Subordinate Court, Sankagiri V. SIVAGNANAM, J.

msr 3/4

Tr. C.M.P.No.741 of 2023 & CMP.No.18081 of 2023 04.01.2024 4/4