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Madras High CourtTR CMP/1095/2017ordered

P.Anitha v. R.Pandian

2020-02-13Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.1095 of 2017 and C.M.P. No.22496 of 2017 Mrs.P.Anitha

...Petitioner

vs.

P.Pandian

...Respondent

Prayer:

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw and transfer H.M.O.P. No.14 of 2017 pending on the file of Sub Court, Thiruvallur to the file of Sub Court, Ponneri for being tried together with H.M.O.P. No.304 of 2017.

For Petitioner : Mr.Ramadoss for Mr.D.Sivakumar For Respondent : No appearance

O R D E R

Wife has come up with the present Petition seeking transfer of H.M.O.P. No.14 of 2017, filed by the respondent herein/husband, from the file of Sub Court, Tiruvallur to the file of Sub Court, Ponneri, for a joint trial with H.M.O.P. No.304 of 2017, pending on the file of Sub Court, Ponneri.

2. According to the Petitioner, it would be difficult for her to attend the hearings in H.M.O.P. No.14 of 2017 at Tiruvallur, as she has to seek somebody's assistance to accompany her.

3. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent in spite of his name printed in the cause list, after service.

4. There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed. https://hcservices.ecourts.gov.in/hcservices/

5. In the result, the proceedings in H.M.O.P. No.14 of 2017 is withdrawn from the file of the Sub Court, Tiruvalllur and is transferred to the file of Sub Court, Ponneri, to be tried along with H.M.O.P. No.304 of 2017. The Sub Court, Ponneri is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, the connected CMP is closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar (Asr) To :

1.

The Subordinate Judge, Tiruvallur 2.

The Subordinate Judge, Ponneri Tr.C.M.P.No.1095 of 2017 and C.M.P. No.22496 of 2017 MR(CO) SP(12/03/2020) https://hcservices.ecourts.gov.in/hcservices/