P.T. Sabharish v. P. Mahalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2023

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD) No.3670 of 2022 P.T.Sabharish ... Petitioner -VsP.Mahalakshmi ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.864 of 2021, from the file of the Sub Court, Alandur and transfer the same to the Principal Sub Court, Trichy.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.S.Srinivasa Raghavan

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking transfer of the proceedings in H.M.O.P.No.864 of 2021, from the file of the Sub Court, Alandur to the Principal Sub Court, Trichy. 1/4

2.Originally, this Transfer Civil Miscellaneous Petition was filed on 29.03.2022 and when the matter was taken up for hearing on 01.09.2022, it was represented by the learned counsel for the respondent that an exparte order was passed in the main H.M.O.P.No. 864 of 2021 on 12.09.2019 itself, that the petitioner has not paid any maintenance to the respondent as directed by the trial Court and also the exparte order has not been set aside so far. 3.After verification, the learned counsel appearing for the petitioner has also confirmed that the exparte order passed in H.M.O.P.No.864 of 2021 on 12.09.2019 has not yet been set aside. 4.Since the exparte order passed in main H.M.O.P.No.864 of 2021 was not set aside so far, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

12.01.2023 Index : Yes/No Internet : Yes/No vrn 2/4

To 1.The Sub Court, Alandur 2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

vrn Order made in and C.M.P(MD) No.3670 of 2022 12.01.2023 4/4