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Madras High CourtTR CMP/1097/2024dismissed for default

A.Tamilarasi v. G.Tharunbaskar

2025-09-26Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tr.CMP.No.1097 of 2024 and A.Tamilarasi ... Petitioner

Versus

G.Tharunbaskar ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw H.M.O.P.No.49 of 2024 on the file of the Subordinate Court at Oddanchatram and transfer the same to the file of the Subordinate Court at Mettupalayam.

For Petitioner :

Mr.S.Ramesh - No appearance For Respondent :

Mr.N.Umapathi **********

O R D E R

The learned counsel for the respondent submits that the petitioner-wife has not chosen to appear in the proceedings in H.M.O.P.No.49 of 2024 pending on the file of the Subordinate Court, Oddanchatram, and hence she was ex-parte. He further submits that no further adjournment may be granted in this petition.

2. There is no representation on the side of the petitioner side. 1/4

3. When the case was listed on 22.09.2025, the learned counsel for the respondent was present, but there was no representation on the side of the petitioner, and the case was posted under the caption 'for dismissal' on 23.09.2025. On 23.09.2025, the learned counsel for the petitioner sought time to get instructions. The learned counsel for the respondent was present, and the case was finally posted on 26.09.2025 i.e., today. Today, when the matter is called, there is again no representation on the side of the petitioner side. Sufficient time has already been granted. The learned counsel for the petitioner also submits that the petitioner-wife has not chosen to appear in the proceedings before the Court below, where she was set ex-parte, and the case has been posted for ex-parte evidence on 10.10.2025.

4. This Court is of the considered view that, as sufficient opportunities have already been granted and there is no representation on the side of the petitioner, this Civil Revision Petition is liable to be dismissed. Accordingly, this Civil Revision Petition is dismissed for default. No costs. Consequently, the connected C.M.P is closed.

26.09.2025 nvi 2/4

Speaking order : Yes/No Neutral Case Citation : Yes/No To

1. The Subordinate Court at Oddanchatram

2. The Subordinate Court at Mettupalayam.

M. JOTHIRAMAN, J., nvi 3/4

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