Madras High CourtTR CMP(MD)/168/2023allowed

Rajalakshmi, v. Siva Prasanna,

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.3672 of 2023 Rajalakshmi .. Petitioner

Versus

Siva Prasanna .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.78 of 2022, pending on the file of the Sub Court, Ambattur, and transfer the same to the file of the Sub Court, Dindigul. For Petitioner :

Mr.R.Karunanidhi For Respondent :

No Appearance

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.78 of 2022, pending on the file of the Sub Court, Ambattur, and transfer the same to the file of the Sub Court, Dindigul. 2.Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent.

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3.In Paragraph 8 of the affidavit filed in support of the Transfer Civil Miscellaneous Petition, the petitioner has stated as follows:- ''8. I submit that the distance between Vedasandur and Ambattur is about 460 KM and up and down it comes around 920 KM. Since it is very difficult for me and my child to go every hearing to Ambattur for attending the court. My husband is capable of travel to Dindigul without any difficult. I state that under these circumstances I have filed this transfer petition to withdraw and transfer H.M.O.P.No:78 of 2022 on the file of the learned Sub Judge, Ambattur to the file of the learned Sub Court, Dindigul district.'' 4.Being satisfied with the reasons given, this Court is inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, there shall be a direction for transfer of H.M.O.P.No.

78 of 2022, pending on the file of the Sub Court, Ambattur, to the file of the Sub Court, Dindigul. The learned Sub Judge, Dindigul, shall endeavour to dispose of H.M.O.P.No.78 of 2022, 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 smn2 2/4

To 1.The Sub Judge, Ambattur.

2.The Sub Judge, Dindigul.

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C.SARAVANAN, J.

smn2 Order made in 20.04.2023 4/4