Radha v. Dineshkumar
Case brief
What is this about?
This order transferred an H.M.O.P. from the Subordinate Court, Rasipuram, to Sub Court, Tambaram. The court granted the transfer and directed the receiving court to conclude the trial within thirty working days without adjournments.
What did the court decide?
H.M.O.P. No.46 of 2018 transferred from Subordinate Court, Rasipuram, to Sub Court, Tambaram and directed to conclude trial within thirty working days.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19/12/2019
C O R A M:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Tr.C.M.P. No.882 of 2019 and C.M.P. No.24294 of 2019
Radha ... Petitioner
Vs.
Dinesh Kumar ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under
Section 24 of the Civil Procedure Code, to withdraw and
transfer H.M.O.P. No.46 of 2018 pending on the file of
Subordinate Judge, Rasipuram, Namakkal District to the file of
Sub Court, Tambaram, Kancheepuram District.
Petitioner : Mr.R.Kumaresan
Respondent : No Appearance
ORDER
Learned counsel for the petitioner submitted that the respondent has been served about the pendency of the proceedings before this court. There is no representation for the respondent. As the respondent has not shown any interest to represent the matter before this court even though his name is printed in the cause list, H.M.O.P. No.46/2018 pending on the file of Sub Court, Rasipuram, Namakkal District, is withdrawn from the said court and transferred to Sub Court, Tambaram, Kancheepuram District. The learned Sub Judge, Tambaram, is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond thirty working days, at any point of time, in order to bring the issue to a logical end.
- With the above direction, the Transfer Civil Miscellaneous Petition is ordered. No costs. Consequently, the connected civil miscellaneous petition is closed.
Issues for consideration
1 issue framed by the court
Whether H.M.O.P. No.46 of 2018 pending before Subordinate Judge, Rasipuram, should be transferred to Sub Court, Tambaram in the absence of respondent's appearance.
Parties & counsel
- petitioner
Radha
- respondent
Dinesh Kumar
Coram
S. Vaidyanathan
Case details
As recorded by the court registry
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