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Madras High CourtTR CMP/1118/2023dismissed for nonprosecution

Jayanthi v. Munusamy

2025-02-26Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.26798 of 2023 Jayanthi

...Petitioner

Vs Munusamy

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw the case in H.M.O.P.No.28 of 2023 from the file of the Subordinate Court, Cheyyar and transfer the same to be file of the Family Court, Chengalpattu. For Petitioner : Mr.S.Amarnath (No Appearance) For Respondent : Not ready in notice

ORDER

When the matter was listed for hearing on 12.12.2023, this Court had passed the following order:- "Notice to the respondent returnable by 23.01.2024. Private notice is also permitted.

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2.Post the matter on 23.01.2024, till then not to proceed with HMOP.No.28 of 2023 pending on the file of Subordinate Court, Cheyyar, as she is living with two minor children."

2.On 19.02.2025 none appeared on behalf of the petitioner and summons has not been served on the respondent. Thus, this Court passed an order, directing the Registry to list the matter on 26.02.2025 under the caption "For Dismissal".

3.Even today, ie., 26.02.2025, when the matter is taken up for hearing, there is no representation for the petitioner. Thus, it is evident that the petitioner is not interested in pursuing the matter. Thus this Transfer Civil Miscellaneous Petition is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed. 26.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order 2/5

ep To The Subordinate Court, Cheyyar Family Court, Chengalpattu.

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P.T.ASHA , J, ep C.M.P.No.26798 of 2023 4/5

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