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Madras High CourtTR CMP(MD)/607/2022allowed

Abinaya v. Balajivishwanath

2023-03-27Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.9739 of 2022 Abinaya ... Petitioner Vs.

Balaji Vishwanath

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.88 of 2021 pending on the file of the Learned Principal Sub Ordinate Judge, Tiruchirappalli and transfer the same to the Learned Family Judge, Dindigul.

For Petitioner : Mr.J.William Chiristopher For Respondent : Mr.G.karuppasamy Pandian

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.88 of 2021 from the Learned Principal Sub Ordinate Judge, Tiruchirappalli to the Learned Family Judge, Dindigul. 1/4

2. The application is opposed by the learned counsel for the respondent on the ground that the case is only pending before the Sub Court, Trichy and petitioner appears on day to day basis on regular hearing is not necessary and therefore, the present transfer civil miscellaneous petition is liable to be dismissed.

3. Being satisfied with the reasons given in the affidavit filed in support of the petition, the Court is inclined to transfer H.M.O.P.No.88 of 2021 pending on the file of the Learned Principal Sub Ordinate Judge, Tiruchirappalli to the Learned Family Judge, Dindigul. The Learned Family Judge, Dindigul is directed to dispose of H.M.O.P.No.88 of 2022 as expeditiously as possible preferably within a period of 12 months from the date of receipt of copy of this order.

4. The present Transfer Civil Miscellaneous Petition stands allowed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

27.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 2/4

To 1.The Learned Principal Sub Ordinate Judge, Tiruchirappalli.

2.The Learned Family Judge, Dindigul.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 27.03.2023 4/4