T.Gunasekar v. S.Poornima

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Transfer CMP. No.804 of 2018 and C.M.P.No.19804 of 2018 T.Gunasekar Petitioner/1st Respondent Vs 1.S.Poornima 1st Respondent / Petitioner 2.Jeyanthi 2nd Respondent / 2nd respondent PRAYER:

Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of the Civil Procedure to withdraw the case H.M.O.P.No.151 of 2018 pending on the file of the Family Court, Dharmapuri and to transfer the same to the Subordinate Court, Tambaram.

For Petitioner : Mr.Vasudevan I.C.

For Respondents : Mr.P.Valliappan for R1 Mr.Titus Enock for R2

O R D E R

Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of the Civil Procedure to withdraw H.M.O.P.No.151 of 2018 pending on the file of the Family Court, Dharmapuri and to transfer the same to the Subordinate Court, Tambaram.

2.

Mr.J.Titus Enock, the learned Counsel takes notice for the second respondent. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner and the respondent No.1 and 2 are present. Actually, as per the pleadings in the petition, first respondent is the contesting respondent. During the time of enquiry, both the counsel appearing for the petitioner and the first respondent consented for transferring the proceedings from the Family Court, Dharmapuri to Palacode, Dharmapuri District, in this regard both of them made an endorsement to that effect.

3.

Accordingly, in view of the endorsement made by either parties, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.151 of 2018 is ordered to be withdrawn from the file of the Family Coourt, Dharmapuri and to transfer the same to the file of the Subordinate Court, Palacode, Dharmapuri District. The learned Family Court Judge, Dharmapuri is directed to transmit all the records pertaining to H.M.O.P.No.151 of https://hcservices.ecourts.gov.in/hcservices/

2018 to the file of the Subordinate Court, Palacode, Dharmapuri District, within a period of two weeks from the date of receipt of a copy of this order. On receipt of records, the learned Subordinate Judge, Palacode, Dharmapuri District is directed to dispose of the case as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sbn Index : Yes/No.

To

1. The Family Court, Dharmapuri.

2. The Subordinate Court, Palacode, Dharmapuri District.

+1cc to Mr.Vasudevan I.C. , Advocate SR.No. 85963 +1cc to Mr. P.Valliappan, Advocate SR.No. 85674 Transfer CMP. No.804 of 2018 and C.M.P.No.19804 of 2018 A.SK(30/01/2019) https://hcservices.ecourts.gov.in/hcservices/