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Madras High CourtTR CMP(MD)/798/2022allowed

Anandha Lakshmi v. Kumar

2023-02-24Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.12742 of 2022 Anandha Lakshmi ... Petitioner/ Respondent Vs.

Kumar ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw H.M.O.P.No.33 of 2022 on the file of the learned Principal Subordinate Judge, Pudukkottai and transfer the same to the file of the Subordinate Judge, Thirumangalam, Madurai District.

For Petitioner : Mr.R.R.Kannan For Respondent : Mr.A.Prasanna Rajadurai 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.33 of 2022 pending on the file of the Principal Subordinate Court, Pudukkottai to be transferred to the Subordinate Court, Thirumangalam, Madurai District.

2. The learned counsel appearing for the petitioner / wife submits that the petitioner / wife is a permanent resident of Thirumangalam and she finds difficulty to travel all along to Pudukkottai for every hearing.

3. The learned counsel appearing for the respondent / husband submits that if the case is transferred to Thirumangalam, it will be very difficult for the respondent / husband to reach there from Pudukkottai.

4. In view of the aforesaid facts, H.M.O.P.No.33 of 2022 pending on the file of Principal Subordinate Court, Pudukkottai is hereby withdrawn and transferred to Principal Sub Court, Madurai. 2/4

5. The learned Principal Subordinate Judge, Madurai, may either try the case in H.M.O.P.No.33 of 2022 by himself or transfer the same to the competent Sub Court at Madurai and he is also directed to dispose of the same as expeditiously as possible.

6. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed to that extent as stated above. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 24.02.2023 NCC : Yes / No Index : Yes / No Sm To 1.The Principal Subordinate Court, Pudukkottai. 2.The Principal Subordinate Court, Madurai.

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

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R.

VIJAYAKUMAR , J.

Sm Order made in 24.02.2023 4/4