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Madras High CourtTR CMP(MD)/319/2016allowed

Madhavan, v. A.Vasanthi, D.No. 3/34-A,

2016-08-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2016 Coram:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Tr.C.M.P.(MD).No.319 of 2016 and C.M.P.(MD) No.5827 of 2016 Madhavan .. Petitioner/Respondent Vs.

A.Vasanthi .. Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw H.M.O.P.No.91 of 2013 on the file of Sub Court, Sivagangai and transfer the same to learned Sub Court, Aruppukkottai. For Petitioner : Mr.B.Senthilkumar For Respondent : Mr.R.Srinivasan

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking for a transfer of H.M.O.P.No. 91 of 2013 from the file of the Sub Court, Sivagangai to the file of the Sub Court, Aruppukkottai.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. The respondent filed a counter affidavit stating that she has no objection to transfer the case from the Sub Court, Sivagangai to Sub Court, Aruppukkottai. It is further stated that H.M.O.P.No.548 of 2014 filed by the petitioner for divorce is pending on the file of the Family Court, Madurai and both H.M.O.P.s have to be tried together.

4. In view of the submissions made on either side, the learned Subordinate Judge, Sivagangai is directed to transmit the entire records in H.M.O.P.No.91 of 2013 to the file of the Subordinate Court, Aruppukkottai within a period of two weeks from the date of receipt of copy of this order. The learned Family Judge, Madurai is directed to transmit the entire records in H.M.O.P.No.548 of 2014 to the file of Subordinate Court, https://hcservices.ecourts.gov.in/hcservices/

Aruppukkottai within a period of two weeks from the date of receipt of copy of this order. The learned Subordinate Judge, Aruppukkottai, after obtaining the records on transfer, is directed to try both H.M.O.P.s together and dispose them as expeditiously as possible. No costs. Consequently, connected C.M.P.(MD) No.5827 of 2016 is closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar CM To

1. The Subordinate Judge,Sivagangai.

2. The Subordinate Judge,Aruppukkottai.

3. The Judge, Family Court,Madurai.

+1CC to Mr.B.Senthil Kumar, Advocate Sr.No.42154 +1CC to Mr.R.Srinivasan, Advocate Sr.No.41662 GJM/KBM/10.8.16-2p-6c Tr.C.M.P.(MD).No.319 of 2016 and C.M.P.(MD) No.5827 of 2016 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/