Madras High CourtTR CMP/798/2019ordered

Vidhyakumari v. Sathyanarayanan

2019-12-09Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:9/12/2019 C O R A M:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN TR.C.M.P.NO.798 OF 2019 AND C.M.P.NO.22355 OF 2019 Vidhyakumari ...

Petitioner Vs.

Sathyanarayanan ...

Respondent Prayer:

Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P. No.118 of 2019 pending on the file of Sub Court, Tirupattur, transfer the same to Sub Court, Dharapuram, to try along with H.M.O.P. No.86 of 2019.

For Petitioner : Mr.N.Ponraj For Respondent : No Apperance

ORDER

Transfer Civil Miscellaneous Petition has been filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P. No.118 of 2019 pending on the file of Sub Court, Tirupattur, and transfer the same to Sub Court, Dharapuram, to be tried along with H.M.O.P. No.86 of 2019.

2. Even though the respondent is served, there is no representation. As H.M.O.P. No.118 of 2019 filed by respondent/husband, is pending on the file of Sub Court, Tirupattur and yet another H.M.O.P. No.86 of 2019 filed by the petitioner herein/wife, is pending before Sub Court, Dharapuram, it is necessary that both the cases have got to be heard together. As there is no representation for the respondent, this court is inclined to transfer H.M.O.P. No.118 of 2019, pending on the file of Sub Court, Tiruppattur to Sub Court, Dharapuram, to be tried along with H.M.O.P. No.86 of 2019. Sub Court, Dharapuram, is directed to take up both the matters, namely H.M.O.P. No.118 of 2019 and 86 of 2019, hear the matters and decide the same, as expeditiously as possible, without

giving any adjournment beyond fifteen working days, at any point of time.

3. With the above direction, the Transfer Civil Miscellaneous Petition is ordered. Consequently, the connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Asr To

1) The Subordinate Judge, Tirupattur

2) The Subordinate Judge, Dharapuram +1cc to Mr.N.Ponraj, Advocate, S.R.No.103069 Tr.C.M.P.No.798 of 2019 and C.M.P.No.22355 of 2019 RR(CO) CS/09/01/2020