Madras High CourtTR CMP(MD)/33/2021allowed

J.Nithya v. G.Ananth

2021-02-26Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P.(MD) No.33 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD) No. 33 of 2021 and C.M.P(MD)No. 594 of 2021 J.Nithya ... Petitioner/Respondent -VsG.Ananth ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.10 of 2020 pending before the Sub Court, Palani and transfer the same to the file of the Sub Court, Manapparai being jointly heard with H.M.O.P.No.20 of 2020 pending before the Sub Court, Manapparai. For Petitioner : Mr.C.Dhanaseelan For Respondent : No appearance

O R D E R

Despite service, the respondent is not appearing either in person or through counsel duly instructed.

2. The petitioner/wife seeks transfer of H.M.O.P.No.10 of 2020 pending from the Sub Court, Palani to the file of the Sub Court, Manapparai to be heard along with H.M.O.P.No.20 of 2020 pending before the said court. Transfer is sought for on the ground of convenience as well as to avoid conflicting judgments.

3. Considering the reasons assigned in the affidavit filed in support of this application and to avoid conflicting judgments in the Original Petitions, H.M.O.P.No.10 of 2020 pending before the Sub Court, Palani is withdrawn and transferred to the file of the Sub Court, Manapparai to be heard along with H.M.O.P.No.20 of 2020.

4. In fine, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) CM https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD) No.33 of 2021 To:

1.The Sub Court, Palani

2. The Sub Court, Manapparai 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2C) +1 CC to M/s.C.DHANASEELAN, Advocate ( SR-7981[F] dated 01/03/2021 ) Order made in Tr.C.M.P.(MD) No. 33 of 2021 and C.M.P(MD)No. 594 of 2021 26.02.2021 NA(CO) KK(12.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2