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Madras High CourtTR CMP/749/2018allowed

Elavarasi v. Arun

2019-12-18Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.749 of 2018 Elavarasi

...Petitioner

vs.

Arun

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.39 of 2018 pending on the file of the Sub Court, Cheyyar and to transfer the same to the file of the Principal Subordinate Court, Mayiladuthurai, for joint trial along with H.M.O.P.No.112 of 2018.

For Petitioner : Mr.A.Muthukumar For Respondent : Mr.G.Sivakumar

O R D E R

The Petitioner, who is residing at Sirkazhi Taluk, Nagapattinam District, has come up with this Petition seeking transfer of H.M.O.P.No.39 of 2018 from the file of the Sub Court, Cheyyar to the file of the Principal Subordinate Court, Mayiladuthurai, for joint trial along with H.M.O.P.No.112 of 2018.

2.

According to the Petitioner, it would be difficult for her to travel all the way from Srikazhi, Nagapattinam to attend the hearings in H.M.O.P.No.39 of 2018 pending on the file of the Subordinate Court, Cheyyar.

3. Heard the learned counsel for the parties. Learned counsel appearing for the Respondent submitted that, the Respondent has no objection to transfer the proceedings in H.M.O.P.No.39 of 2018 from the file of the Sub Court, Cheyyar, to the file of the Principal Subordinate Court, Mayiladuthurai.

4. Recording the submissions made by the learned counsel appearing for the Respondent, the proceedings in H.M.O.P.No.39 of 2018 is transferred from the file of the Sub Court, Cheyyar to the file of the Principal Subordinate Court, Mayiladuthurai, for joint trial along with H.M.O.P.No.112 of 2018. The Principal Subordinate Court, Mayiladuthurai, 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.

Page No.1 of 2 https://hcservices.ecourts.gov.in/hcservices/

5. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs. Consequently, connected C.M.P.No.18400 of 2018 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar (jas/aeb) To :

1.

The Sub, Subordinate Court, Cheyyar.

2. The Principal Sub Judge, Principal Subordinate Court, Mayiladuthurai, +1cc to Mr.A.Muthukumar, Advocate sr.105357 Tr.C.M.P.No.749 of 2018 br(co) nr 30/01/2020 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/