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Madras High CourtTR CMP(MD)/96/2017allowed

Chinthamani v. C. Palanichamy

2017-07-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.06.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P(MD)No.96 of 2017 and C.M.P(MD)No.2334 of 2017 Chinthamani .. Petitioner/Petitioner vs.

C.Palanichamy .. Respondent/Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying this Court to withdraw the case in H.M.O.P.No.322 of 2015 pending on the file of Principal SubCourt, Thoothukudi and transfer the same to Principal Sub-Court, Dindigul, for disposal of the same on merits and in accordance with law.

For Petitioner : M/s.P.AlliRaja For Respondent : Ms.R.G.Bharathy for M/s.S.Muthumalai Raja

ORDER

The wife, who is the respondent in H.M.O.P.No.322 of 2015, on the file of Principal Sub-Court, Thoothukudi(now transferred to SubCourt, Tiruchendur), is the Petitioner. She seeks transfer solely on the ground of convenience.

2.Though in all the records, the wife is shown to be a resident of Maravamadurai, Ponnamaravathi Taluk in Pudukkottai District, she claims that she is now residing in Nilakkottai in Dindigul District. The transfer is sought for to Sub-Court, Dindigul. 3.The learned counsel appearing for the respondent/husband expresses serious concern about the safety of the husband, if he goes to Dindigul, since according to him, the brother of the Petitioner/wife, one Chandran, is an influential person. 4.Hence, considering the convenience of both the parties, this Transfer Civil Miscellaneous Petition is allowed and the Petition in H.M.O.P.No.322 of 2015 is withdrawn from the file of Sub-Court, https://hcservices.ecourts.gov.in/hcservices/

Thoothukudi(now transferred to Sub-Court, Thiruchendur and yet to be re-numbered) and transferred to the file of III Additional SubCourt, Madurai. The Subordinate Judge, Thiruchendur is directed to despatch the records in H.M.O.P.No.322 of 2015(on the file of SubCourt, Thoothukudi) to the III Additional Sub-Court, Madurai within a period of two weeks from the date of receipt of copy of this order. The III Additional Subordinate Judge, Madurai, on receipt of records, shall proceed with the case and dispose of the same on merits and in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Subordinate Judge, Tiruchendur.

2. The III Additional Subordinate Judge, Madurai.

+ 1 CC TO Mr.P.KRISHNASAMY, ADVOCATE IN SR No. 62463 + 1 CC TO Mr.S.MUTHU MALAI RAJA, ADVOCATE IN SR No. 62438 VSN TE/KP/SAR-III : 11/07/2017 : 2P/5C TR.C.M.P(MD)No.96 of 2017 and C.M.P(MD)No.2334 of 2017 28.06.2017 https://hcservices.ecourts.gov.in/hcservices/