Madras High CourtTR CMP(MD)/319/2019allowed

E.Jothi v. M.Joseph

2019-10-23Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P.(MD)No.319 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 23.10.2019

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA Tr.C.M.P.(MD)No.319 of 2019 and C.M.P.(MD)No.7459 of 2019 E.Jothi .. Petitioner/Respondent Vs.

M.Joseph .. Respondent/Petitioner Prayer : Petition is filed under Section 24 of Civil Procedure Code, to withdraw D.O.P.No.91 of 2019 on the file of the Additional District and Sessions Court, Tenkasi, Tirunelveli District and to transfer the same to II Additional District and Sessions Court, Thanjavur (Fast Track Court) or any other appropriate forum. For Petitioner : Mr.T.Kamaraj For Respondent : Mr.S.Sivakumar

ORDER

The above Transfer Civil Miscellaneous Petition has been filed seeking to withdraw D.O.P.No.91 of 2019 filed by the respondent, for divorce, on the file of the Additional District and Sessions Court, Tenkasi, Tirunelveli District, to the file of the II Additional District and Sessions Court, Thanjavur. 2.The learned counsel for the respondent, on instructions, submitted that he has no objection to the transfer, as sought for by the petitioner in the present transfer civil miscellaneous petition and would only request that the matter to be disposed of at the earliest.

3.Considering the fact that the respondent has no objection to transfer the petition, the petition in D.O.P.No.91 of 2019 is ordered to be withdrawn and transferred from the file of the Additional District and Sessions Court, Tenkasi, Tirunelveli District, to the file of II Additional District and Sessions Court, Thanjavur. The learned Additional District and Sessions Judge, Tenkasi, Tirunelveli District, is directed to transmit the entire records in D.O.P.No.91 of 2019 to the II Additional District and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD)No.319 of 2019 Sessions Court, Thanjavur. The learned II Additional District and Sessions Judge, Thanjavur, is directed to conduct trial in D.O.P.No.91 of 2019 and dispose of the same on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order.

4.This Transfer Civil Miscellaneous Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Mrn To 1.The Additional District and Sessions Judge, Tenkasi, Tirunelveli District.

2.The II Additional District and Sessions Judge, (Fast Track Court), Thanjavur.

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-94015[F] dated 23/10/2019 ) +1 CC to M/s.R.SURESHKUMAR, Advocate ( SR-94014[F] dated 23/10/2019 ) Tr.C.M.P.(MD)No.319 of 2019 23.10.2019 JMN(15.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2