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Madras High CourtTR CMP/1138/2022dismissed

Kamalakannan v. Minor Dhanya

2022-12-22Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.19324 of 2022 Kamalakannan ..

Petitioner vs Dhanya ..

Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer O.S.No.73 of 2018 pending on the file of the learned District Munsif Court, Jayamkondam to the file of the learned District Munsif Court, Virudhachalam, Cuddalore District. For Petitioner :

Mr.M.Palanivel For Respondent :

Mr.Jayaraman

ORDER

The transfer petition is filed to withdraw and transfer O.S.No.73 of 2018 pending on the file of the District Munsif Court, Jayamkondam to the file of the District Munsif Court, Virudhachalam, Cuddalore District.

2. The learned counsel for the respondent brought to the notice of this Court that the petitioner herein filed Crl.O.P.No.15935 of 2019 before the High Court of Madras, wherein, he has admitted about the respondent minor daughter in the petition.

3. Based on the facts, the respondent have filed a memo on 01.12.2022 for withdrawal of the O.S.No.73 of 2018.

4. The suit itself is instituted for the puritanical declaration and the petitioner, since admitted that the respondent has filed a memo to withdraw the civil suit instituted in O.S.No.73 of 2018, thus, no further consideration is required in respect of the present transfer petition and accordingly, the transfer petition stands dismissed. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 22.12.2022 Speaking order / Non-speaking order drm

To

1. The District Munsif Court, Jayamkondam.

2. District Munsif Court, Virudhachalam Cuddalore District.

S.M.SUBRAMANIAM, J.

(drm) and C.M.P.No.19324 of 2022 22.12.2022