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Madras High CourtTR CMP(MD)/132/2023allowed

Muthupriya, v. Rajarajan,

2023-04-20Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.3063 of 2023 Muthupriya .. Petitioner

Versus

Rajarajan .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.43 of 2023, pending on the file of the Sub Court, Thirumangalam and transfer the same to the file of the Principal Sub Court, Srivilliputhur. For Petitioner :

Mr.VR.Shanmuganathan For Respondent :

Mr.T.Pon Ramkumar

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.43 of 2023, pending on the file of the Sub Court, Thirumangalam and transfer the same to the file of the Principal Sub Court, Srivilliputhur. 2.The learned counsel for the petitioner submits that the petitioner is working as a Physician in the Government Hospital at Watrap and is having a minor child, who is studying Kindergarten in Rajapalayam and that the said child is being taken care of by herself and her sister.

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3.The learned counsel for the respondent, on the other hand, submits that the case can be transferred to the Sub Court in Virudhunagar. It is noticed that the respondent is working as Bank Manager at Ilayangudi. 4.Considering the above facts and circumstances of the case, I am of the view that there is no point in dislocating both the parties and subject both of them to inconvenience. Hence, I am inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, there shall be a direction for transfer of H.M.O.P.No.43 of 2023, pending on the file of the Sub Court, Thirumangalam, to the file of the Principal Sub Court, Srivilliputhur. The learned Principal Sub Judge, Srivilliputhur, shall endeavour to dispose of H.M.O.P.No.43 of 2023, on it being re-numbered, as expeditiously as possible, preferably, within a period of 12 months from the date of receipt of a copy of this order.

5.This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 20.04.2023 Index : Yes/No Internet : Yes/No To 1.The Sub Judge, Thirumangalam.

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2.The Principal Sub Judge, Srivilliputhur.

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C.SARAVANAN, J.

smn2 Order made in 20.04.2023 4/4