Madras High CourtTR CMP(MD)/315/2019allowed

M.Keerthana v. V.Prabhu

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

Tr.C.M.P.(MD)No.315 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.315 of 2019 and C.M.P.(MD)No.7339 of 2019 M.Keerthana .. Petitioner/Respondent Vs.

V.Prabhu .. Respondent/Petitioner Prayer : Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.78 of 2019 on the file of the Principal Sub Court, Pudukkottai and to transfer the same to Principal Sub Court, Lalgudi and to try along with H.M.O.P.No.24 of 2019 on the file of the Principal Sub Court, Lalgudi.

For Petitioner : Mr.C.Vakeeswaran For Respondent : Mr.A.Arun Prasad

ORDER

The above Transfer Civil Miscellaneous Petition has been filed seeking to withdraw H.M.O.P.No.78 of 2019 filed by the respondent, for restitution of conjugal rights, on the file of the Principal Subordinate Court, Pudukkottai, to the file of the Principal Subordinate Court, Lalgudi, to be tried along with H.M.O.P.No.24 of 2019, which is pending on his file. 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. 3.Considering the fact that the respondent has no objection to transfer the petition, the petition in H.M.O.P.No.78 of 2019 is ordered to be withdrawn and transferred from the file of the Principal Subordinate Court, Pudukkottai, to the file of Principal Subordinate Court, Lalgudi.

The learned Principal Subordinate Judge, Pudukkottai, is directed to transmit the entire records in H.M.O.P.No.78 of 2019 to the Principal Subordinate Court, Lalgudi. The learned Principal Subordinate Judge, Lalgudi, is directed to tag H.M.O.P.No.78 of 2019 along with H.M.O.P No.24 of 2019, which is pending on his file, conduct joint trial and dispose of the same on merits and in accordance with law.

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Tr.C.M.P.(MD)No.315 of 2019 4.This Transfer Civil Miscellaneous Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Sub Judge, Pudukkottai.

2.The Principal Sub Judge, Lalgudi.

+1 CC to MR.C.VAKEESWARAN, Advocate ( SR-94414[F] dated 24/10/2019 ) Tr.C.M.P.(MD)No.315 of 2019 23.10.2019 mrn MK (14.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2