Saranya v. Neelakandamoorthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.12046 of 2022 Saranya ... Petitioner/Respondent/ Respondent Vs.

Neelakandamoorthi

...Respondent/Petitioner/

Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the I.A.No.20/2022 along with H.M.O.P.No.69/2018 on the file of the Subordinate Judge, Pattukottai Tanjavur District and to transfer the same to Subordinate Judge,Ramanathapuram.

For Petitioner : Mr.S.A.Ajmal Khan 1/4

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.69/2018 said to be pending on the file of Sub Court, Pattukottai, Tanjavur District.

2. A perusal of records indicate that H.M.O.P.No.69/2018 has already been dismissed for default and the husband has filed I.A.No.20 of 2022 to restore the said H.M.O.P. Unless the H.M.O.P. is restored, the question of transferring the same to Sub Court, Ramanathapuram would not arise. Hence, this Transfer Civil Miscellaneous Petition is dismissed for the present granting liberty to the petitioner to file a fresh transfer civil miscellaneous petition as and when H.M.O.P. filed by the husband is restored. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

15.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 2/4

1.The Subordinate Judge, Pattukottai, Tanjavur District.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

R.

VIJAYAKUMAR ,J.

gbg 3/4

Order made in 15.02.2023 4/4