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Madras High CourtTR CMP/909/2021allowed

D.K. Balaji Shah v. Lakshmipriya @ Priya Bai

2022-03-09Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.Nos.909 & 911 of 2021 and C.M.P.Nos.20329 & 20334 of 2021 D.K.Balaji Shah

...Petitioner in both Tr.C.M.Ps

Vs Lakshmipriya @ Priya Bai

...Respondent in both Tr.C.M.Ps

PRAYER in Tr.C.M.P.No.909 of 2021: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.313 of 2018 pending on the file of Sub Court, Kanchipuram to be tried along with F.C.O.P.No.2501 of 2018 pending on the file of the 1st Additional Family Court Chennai.

PRAYER in Tr.C.M.P.No.911 of 2021: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw O.S.No.205 of 2021 pending on the file of District Munsif Court Kanchipuram transfer the same and to be tried along with F.C.O.P.No.2501 of 2018 pending on the file 1st Additional Family Court, Chennai. For Petitioner :

Mr.V.V.Sathya (in both Tr.C.M.Ps) For Respondent :

Mr.N.Mahendra Babu (in both Tr.C.M.Ps) C O M M O N O R D E R Transfer Civil Miscellaneous Petition No.909 of 2021 has been filed to withdraw and transfer H.M.O.P.No.313 of 2018 pending on the file of Sub Court, Kanchipuram to be tried along with F.C.O.P.No.2501 of 2018 pending on the file of the I Additional Family Court Chennai.

2.

Transfer Civil Miscellaneous Petition No. 911 of 2021 has been filed to withdraw and transfer O.S.No.205 of 2021 pending on the file of District Munsif Court Kanchipuram to be tried along with F.C.O.P.No.2501 of 2018 pending on the file of the I Additional Family Court Chennai. https://hcservices.ecourts.gov.in/hcservices/

3.

The learned counsel for the respondent has no objection to the transfer being ordered.

4.

Both the learned counsels request this Court for early disposal of the above said cases.

5.

Considering the submissions made by the learned counsel on either side and as the respondent has got no objection in transferring the cases to the I Additional Family Court Chennai, these Transfer Civil Miscellaneous petitions are allowed and the proceedings in H.M.O.P.No.313 of 2018, pending on the file of the Sub Court, Kanchipuram and O.S.No.205 of 2021 pending on the file of District Munsif Court Kanchipuram are withdrawn and transferred to the file of the Family Court, Chennai to be tried along with F.C.O.P.No.2501 of 2018 pending on the file of the I Additional Family Court Chennai. The learned I Additional Judge, Family Court, Chennai is directed to dispose of both O.Ps and suit, within a period of two months from the date of receipt of a copy of this order, considering the fact that the matter is at the stage of trial, as pleadings have been completed.

6.

The petitioner is directed to meet the travel expenses of Rs.1,000/- (Rupees one thousand only) to the respondent/wife for her travel from Kancheepuram to Chennai for each hearings. No Costs. Consequently, the connected Civil Miscellaneous Petition are closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar srn To 1.The Sub Court, Kanchipuram.

2.The District Munsif, Kanchipuram 3.The I Additional Family Court, Chennai.

+2ccs to Mr.M.V.Venkataseshan, Advocate SR. No.15724 & 15723 +1cc to Mr.N.Mahendra Babu, Advocate SR. No.16026 Tr.C.M.P.Nos.909 & 911 of 2021 and C.M.P.Nos.20329 & 20334 of 2021 PMK (CO) PR (23/03/2022) https://hcservices.ecourts.gov.in/hcservices/