Madras High CourtTR CMP(MD)/198/2016allowed

K.Anuradha v. M.Ashokmull Chordia

2016-08-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.07.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM TR.C.M.P(MD)No.198 of 2016 and C.M.P(MD)No.3543 of 2016 Anuradha ..Petitioner/Respondent vs.

M.Ashokmull Chordia ..Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, praying this Court to withdraw the Petition in H.M.O.P.No.32 of 2016, on the file of the Principal Sub-Court,Cuddalore and transfer the same to the file of Family Court, Tirunelveli to be tried along with Petition in H.M.O.P.No.56 of 2016, on the file of Family Court, Tirunelveli. For Petitioner : M/s.S.A.Ganapathy Raman For Respondent : M/s.J.Jeyakumaran

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the Petition in H.M.O.P.No.32 of 2016, on the file of the Principal Sub-Court,Cuddalore and transfer the same to the file of Family Court, Tirunelveli to be tried along with Petition in H.M.O.P.No.56 of 2016, on the file of Family Court, Tirunelveli. 2.Today, when the matter is taken up for hearing, the learned counsel appearing for the Petitioner as well as the learned counsel appearing for the respondent would submit that the case may be transferred to the file of the Judge,Family Court, Tirunelveli.

3.Recording the above submissions, this Transfer Civil Miscellaneous Petition is allowed and the Petition in H.M.O.P.No.32 of 2016 is ordered to be withdrawn from the file of the Principal Subordinate Judge, Cuddalore and transferred to the file of the learned Judge, Family Court,to be tried along with Petition in H.M.O.P.No.56 of 2016, on the file of Family Court, Tirunelveli. The Transferor Court is directed to transmit the entire records to the file of the transferee Court within a period of two weeks from the date of receipt of a copy of this order and the transferee Court is directed to dispose of the matter as https://hcservices.ecourts.gov.in/hcservices/

expeditiously as possible. No order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- 22.07.2016 This Transfer CMP(MD)No.198/2016 have been posted under the caption 'for being mentioned' today i.e.,08.08.2016 the presence of Mr.S.A.Ganapathy Raman, Advocate for the petitioner herein and Mr.J.Jeyakumaran, Advocate for the respondent herein, this court made the following order:- This matter came up today under the caption 'for being mentioned'.

2. The learned counsel appearing for the petitioner would submit that H.M.O.P.No.32 of 2016 was transferred from the file of the Principal Subordinate Court, Cuddalore to the Family Court, Tirunelveli, to be tried along with H.M.O.P.No.56 of 2016. However, H.M.O.P.No.56 of 2016 has already been withdrawn.

3. The said submission is recorded and the Family Court, Tirunelveli shall dispose of H.M.O.P.No.32 of 2016 on merits in accordance with law. (instead to be tried along with H.M.O.P.No.56 of 2016) Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Principal Subordinate Judge, Cuddalore 2.The Judge, Family Court, Tirunelveli.

+1cc to Mr.S.A.GANAPATHY RAMAN,Advocate Sr.No.43221 +1cc to M/s.J.Jeayakumaran, Advocate in SR.42852 VSN AA/DB/29.07.2016/2p-4c TR.C.M.P(MD)No.198 of 2016 and C.M.P(MD)No.3543 of 2016 22.07.2016 pmu PBK/GSV-PM/SAR-I 12/08/2016 ::2P-5C::(IT) https://hcservices.ecourts.gov.in/hcservices/