G.Ganesh v. Vijayapriya
Case brief
What is this about?
Justice M. Duraiswamy dismissed a transfer petition as infructuous because the respondent had withdrawn the original petition, thereby closing the connected miscellaneous matter without costs.
What did the court decide?
The Transfer Civil Miscellaneous Petition was dismissed as infructuous; the connected miscellaneous petition was closed. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
G.Ganesh ... Petitioner/Respondent
Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.30 of 2017 on the file of the Subordinate Court, Chengalpattu and to transfer the same to the Family Court, Puducherry to be tried along with M.O.P.No.185 of 2017.
For Petitioner : Mr.V.Jai Bharath for M/s.Giridhar and Sai
For Respondent : not ready in notice
The learned counsel appearing for the petitioner submitted that the relief sought for in the Transfer Civil Miscellaneous Petition has become infructuous for the reason that the respondent had withdrawn the Original Petition in H.M.O.P.No.30 of 2017 on the file of the Subordinate Court, Chengalpattu.
2.In these circumstances, the Transfer Civil Miscellaneous Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.
Issues for consideration
1 issue framed by the court
Whether a transfer petition survives the withdrawal of the original petition from the erstwhile forum.
Parties & counsel
- petitioner
G.Ganesh
Coram
M. Duraiswamy
Case details
As recorded by the court registry
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