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Madras High CourtTR CMP(MD)/198/2023dismissed as infructuous

Pandipriya v. Jeyachakkaravarthy

2023-06-05Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.4231 of 2023 Pandipriya ... Petitioner Vs.

Jeyachakkaravarthy ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the case in H.M.O.P.No.179 of 2022 from the Family Court, Viluppuram and transfer the same to the Family Court, Theni.

For Petitioner : M/s.R.Karthika For Respondent : No appearance ******

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw H.M.O.P.No.179 of 2022 from the Family Court, Viluppuram and transfer the same to the Family Court, Theni. Page No. 1 of 3

2. When this case is taken up for hearing, it is noticed that a communication dated 12.05.2023 bearing reference D.No.482/2023 was received by the Registrar General, Madurai Bench of Madras High Court, Madurai from Sessions Judge, Special Court for Trial of SC/ST Act Cases, wherein, it has been stated that H.M.O.P. has been disposed of on 27.12.2022.

3. In view of above, this Transfer Civil Miscellaneous Petition has become infructuous as H.M.O.P. filed by the respondent before the Family Court, Villupuram has been disposed of on 27.12.2022 after the petitioner was set exparte on 09.12.2022. This Transfer Civil Miscellaneous Petition is dismissed as infructuous. However, liberty is given to the petitioner to take steps for setting aside exparte decree in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.

05.06.2023 Internet: Yes/No Index: Yes/ No jen To The Family Court, Villupuram.

Page No. 2 of 3

C.SARAVANAN, J.

jen and C.M.P.(MD) No.4231 of 2023 05.06.2023 Page No. 3 of 3