Madras High CourtTR CMP(MD)/158/2024allowed

S.Ramesh v. A.Anitha Kumari

2024-03-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P(MD)No. 3302 of 2024 S.Ramesh ... Petitioner Vs 1.A.Anithakumari 2.Sivakannan (Minor), represented by the first respondent.

3.P.A.Sapna 4.Selvam Educational and Charitable Trust Vadakankulam, represented by It's Partner, A.Joy Raja 5.A.Joy Raja ... Respondents Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to pass appropriate orders to withdraw the suit in O.S.No.121 of 2021 pending before the Sessions Judge, Mahila Court, Nagercoil and 1/4

transfer the same to the Principal District and Sessions Court, Kanyakumari @ Nagercoil and dispose the same in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.V.Meenakshi Sundaram For R1 and R2 : Mr.P.Thiyagarajan

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the suit in O.S.No.121 of 2021 pending before the Sessions Judge, Mahila Court, Nagercoil and transfer the same to the Principal District and Sessions Court, Kanyakumari @ Nagercoil and dispose the same in accordance with law within the time stipulated by this Court.

2. Learned counsel for the respondent would submit that if any transfer is ordered, let a direction may be issued to the Principal District and Sessions Judge, Kanyakumari, to dispose the suit within a short time.

3. The parties are at liberty to make a request before the concerned Court. Depending upon the pendency, the learned Principal District and Sessions Judge, Kanyakumari, may consider the request. 2/4

4. Accordingly, this Transfer Civil Petition is allowed. There shall be a direction to the learned Sessions Judge, Mahila Court, Nagercoil, to transfer the entire records in O.S.No.121 of 2021, immediately to the file of the learned Principal District and Sessions Judge, Kanyakumari @ Nagercoil. After receiving the records, the learned Principal District and Sessions Judge, Kanyakumari @ Nagercoil, may assign new number and issue notice to parties for appearance and dispose the case in accordance with law. Consequently, connected miscellaneous petition is closed. No costs.

08.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To

1. The Sessions Judge, Mahila Court, Nagercoil.

2. The Principal District and Sessions Judge, Kanyakumari at Nagercoil. 3/4

G.ILANGOVAN, J.

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ORDER

IN and C.M.P(MD)No.3302 of 2024 08.03.2024 4/4