Madras High CourtTR CMP(MD)/168/2017allowed

Mr.Kenneth Pledger, v. Judge Pledger,

2017-06-30Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 30.06.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P(MD)No.168 of 2017 Kenneth Pledger .. Petitioner vs.

1.Jude Pledger 2.Fredrick Pledger 3.Douglas Pledger 4.Marry Pledger(died), 5.Samuel Pledger 6.Richard Pledger 7.Jeffery Pledger 8.Dhan Vanhaltran 9.Candice Vanhaltran 10Tania

...Respondents

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 r/w Rule 1(2) of Civil Procedure Code praying this Court to withdraw the case in I.A.No.121 of 2013 in M.H.O.P.No.64 of 2008 from the file of Principal District Court, Thanjavur and transfer the same to any other competent Court in Thanjavur. For Petitioner : Mr.P.Sesubalan Raja For Respondent-1 : Mr.P.Vadivel For Respondents : No appearance 2 to 10

ORDER

After arguing for some time, Mr.P.Vadivel, learned counsel for the first respondent has no objection in withdrawing I.A.No.121 of 2013 and allowing the same, setting aside the ex-parte order https://hcservices.ecourts.gov.in/hcservices/

passed in M.H.O.P.No.64 of 2008. Accordingly, I.A.No.121 of 2013 is allowed and the ex-parte order, dated 13.11.2008 in M.H.O.P.No.64 of 2008 is set aside. The said H.M.O.P.No.64 of 2008 is restored to file and it is transferred to the file of II Additional District Court, Thanjavur to be tried in accordance with law. The compromise that is said to have been recorded in M.H.O.P.No.64 of 2008 shall also stand rejected. No costs. Sd /- ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Principal District Judge, Thanjavur.

2.The II Additional District Judge, Thanjavur.

+1 CC TO MR.P.VADIVEL, ADVOCATE, SR NO.62983 vsn MAS/GT/SAR2:07.07.2017:2P-4C TR.C.M.P(MD)No.168 of 2017 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/