Allowed

K.Karpagavalli v. Sekar Krishnan

Madras HC4 Dec 2019TR CMP(MD)/436/2019

Case brief

AI extract

What is this about?

The Madras High Court allowed a civil revision petition. The court withdrew a money claim filed before the Subordinate Judge, Padmanabhapuram, and transferred it to the Sub Court, Tambaram for disposal to avoid the convenience ordeal of appearing in Chennai. No costs were awarded.

What did the court decide?

H.M.O.P.No.45 of 2018 withdrawn from Sub Court, Padmanabhapuram and transferred to Sub Court, Tambaram for disposal. No costs.

K.Karpagavalli Vs Sekar Krishnan — Civil Procedure and Limitation | Madras HC (2019)

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Trcmp(MD) No.436/2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD)NO.436 of 2019 and C.M.P(MD)No.10047 of 2019

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K.Karpagavalli :Petitioner/1^st Respondent .vs.

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1.Sekar Krishanan : 1^st Respondent/Petitioner 2.T.David Jabakumar :2^nd Respondent/2^nd REspondent

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PRAYER: Civil Revision Petition filed under Section 24 of C.P.C., praying this Court to withdraw H.M.O.P.No.45 of 2018 pending on the file of the Subordinate Judge, Padmanabhapuram and transfer the same to the file of the Family Court at Chennai.

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For Petitioner :Mr.Deivanandam For Respondents :Mr.V.M.Bala Mohan Thambi for R1 No Appearance for R2

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O R D E R

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This application for transfer has been filed by the wife seeking transfer of H.M.O.P.No.45 of 2018 on the file of the learned Subordinate Judge, Padmanabhapuram to the file of Family Court at Chennai.

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2.Though the respondent is a permanent resident of Kanyakumari District, he is also working at Chennai. Therefore, there could not be any valid objection for the transfer sought for.

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3.However, considering the fact that the matter is pending before the Subordinate Court and transferring it to a Family Court at Chennai would necessitate the parties to appear for every hearing. In order to prevent the said ordeal, I feel that it will be very convenient to the parties, if the matter is transferred to a Sub Court having jurisdiction near Chennai.

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4.Accordingly, this petition is allowed and H.M.O.P.No.45 of 2018 on the file of the Sub Court, Padmanabhapuram is withdrawn and transferred to the file of Sub Court, Tambaram for disposal. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (writs)

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// True Copy //

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar(CS)

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1/2

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Trcmp(MD) No.436/2019

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Arul

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1.The Subordinate Judge, Padmanabhapuram

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2.The Subordinate Judge, Tambaram

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3.The Record Keeper, Vernacular Section,(2 copies) Madurai Bench of Madras High Court, Madurai.

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+1 CC to Mr.DEIVANANDAM, Advocate ( SR-103379[F] dated 04/12/2019 )

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+1 CC to Mr.V.M.BALAMOHAN THAMBI, Advocate ( SR-103736[F] dated 06/12/2019 )

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ORDER MADE IN Trcmp(MD)NO.436 OF 2019 04.12.2019

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VB(17.12.2019) 2P 7C

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https://hcservices.ecourts.gov.in/hcservices/

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K.Karpagavalli v. Sekar Krishnan

Case brief

What is this about?

What did the court decide?

K.Karpagavalli v. Sekar Krishnan

Case brief

What is this about?

What did the court decide?

What the court decided

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