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Madras High CourtTR CMP/1023/2019ordered

Selvi v. Prakash

2020-01-21Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.1023 of 2019 and C.M.P. No.27387 of 2019 Selvi

...Petitioner

vs.

Prakash

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.1 of 2019 pending before the Sub Court at Palladam, Tiruppur District and transfer the same to the Sub Court at Rasipuram, Namakkal District.

For Petitioner : Mr.Ganapathy Thangavel For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Rasipuram, Namakkal District, has come up with this Petition seeking transfer of H.M.O.P. No.1 of 2019 from the file of Sub Court, Palladam to the file of the Sub Court, Rasipuram. 2.

According to the Petitioner, it would be difficult for her to travel all the way from Rasipuram to Palladam to attend the hearings in H.M.O.P. No.1 of 2019, apprehending danger to her life.

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.

5. In the result, the proceedings in H.M.O.P. No.1 of 2019 is withdrawn from the file of Sub Court, Palladam and is transferred to the file of Sub Court, Rasipuram, for trial. The Sub Court, Rasipuram 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 https://hcservices.ecourts.gov.in/hcservices/

issue to a logical end.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.27387 of 2019 is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar (Asr) To :

1.The Sub Judge, Palladam, Thiruppur.

2.The Sub Judge, Rasipuram, Namakkal.

+1cc to Mr.G.Thangavel, Advocate SR.4577 Tr.C.M.P.No.1023 of 2019 and C.M.P. No.27387 of 2019 KK(CO) CB(20/02/2020) https://hcservices.ecourts.gov.in/hcservices/