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Madras High CourtTR CMP(MD)/618/2023dismissed as infructuous

N.Thilagavathi v. Munieswaran

2024-02-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.13815 of 2023 N.Thilagavathi ... Petitioner/Respondent Vs.

Munieswaran ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in H.M.O.P.No.1066 of 2023 on the file of the Family Court, Madurai and transfer the same to the Sub Court, Sattur, for disposal of the same on merits in accordance with law.

For Petitioner : Mr.M.Kannan For Respondent : No Appearance

ORDER

This petition has been filed to withdraw the case in H.M.O.P.No. 1066 of 2023 on the file of the Family Court, Madurai and transfer the same to the Sub Court, Sattur.

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2.The learned counsel for the petitioner would submit that the petitioner is exparte in H.M.O.P.No.1066 of 2023. Hence, after filing proper petition before the trial Court to set aside the exparte order, the matter can be entertained. As on date, the matter has become infructuous. 3.In view of the submissions made by the learned counsel for the petitioner, this petition stands dismissed as infructuous with a liberty to revive this matter after setting aside the exparte order. No costs. Consequently, connected miscellaneous petition is closed. 12.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Sattur.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 12.02.2024 3/3