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Madras High CourtTR CMP(MD)/489/2019allowed

Meyammai Alias Nithya v. Shanmugaraja Alias Dass Prakash

2021-09-22Honourable Mr Justice A.D.Jagadish Chandira4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN and TR CMP(MD). No.289 of 2021 TR CMP(MD). No.489 of 2019:- Meyammai Alias Nithya ... Petitioner Vs Shanmugaraja Alias Dass Prakash ... Respondent Prayer :- Transfer Civil Miscellaneous Petition is filed under section 24 of the Code of Civil Procedure, to withdraw the petition for restitution of conjugal rights in HMOP. No.310 of 2019 on the file of the Principal Sub court, Pudukottai and to transfer the same to the file of the Family Court, Madurai to be heard along with the divorce petition in HMOP. No.729/2019.

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TR CMP(MD). 289/ 2021 :- Nithyakalyani Alias Meyammal Alias Nithya, ... Petitioner Vs

1. Dass Prakash @ Shanmugaraja, ...1st Respondent/plaintiff

2. The Manager, Sri Bhuvaneswari Locker House, Pon. Pudupatti, Ponnamaravathi Taluk, Pudukottai District.

...2nd Respondent/2nd Defendant Prayer in TR CMP(MD). 289/ 2021 :

Transfer Civil Miscellaneous Petition is filed under section 24 of the Code of Civil Procedure, to pass an order withdrawing the suit in O.S.No.69 of 2021 on the file of the District Munsif Court cum Judicial Magistrate, Thiruamayam and to transfer the same to the file of the Family Court, Madurai to be heard along with the divorce petition in H.M.O.P.No.729 of 2019 .

ORDER:- These Petitions coming on for hearing on this day under the caption for "Extension of time"and upon perusing the earlier order dated 22.09.2021 and the requisition letter submitted by the Family Court, Madurai, vide the letter in D.No.435 dated 22.02.2024 this Court made the following order: 2/4

This case has been listed today under the caption 'for extension of time' to dispose of the case in H.M.O.P.No.729 of 2019, GWOP No.845 of 2019, H.M.O.P.No.506 of 2022, O.S.No.1 of 2022 and M.C.No.59 of 2021.

2. By the order dated 22.09.2023, this Court directed the learned Judge, Family Court, Madurai, to conclude the case in H.M.O.P.No.729 of 2019, GWOP No.845 of 2019, H.M.O.P.No.506 of 2022, O.S.No.1 of 2022 and M.C.No.59 of 2021, pending on his file, within a period of nine months from the date of receipt of a copy of that order. Already, the period was extended for completion of the proceedings. Now, the learned Judge, seeks further time to complete the trial process. 3.Considering the reasons assigned by the learned Judge, this Court is inclined to grant further time and accordingly, six months time is granted. The learned Judge, Family Court, Madurai, is directed to comply with the directions of this Court, without any further delay.

Sd/- Assistant Registrar (CS-III ) // True Copy // /03/2024 Sub Assistant Registrar (CS - I / II / III/ IV) 3/4

TO

1. The Judge, Family Court, Madurai.

ORDER DATED : 04/03/2024 ========================== Extension of Time ========================== and TR CMP(MD). No.289 of 2021 Giving direction and etc.

as stated within.

DL/(14.03.2024)/ 4P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4