Allowed

Sri Sitheswari v. N.Nithiyanandham

Madras HC28 Apr 2021TR CMP(MD)/119/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court entertained a transfer petition filed under Section 24 CPC. Satisfied with the petitioner's residence in Dindigul and the distance from Pollachi, the court withdrew an operation from Pollachi and transferred it to Dindigul for disposal, directing the lower courts to transmit papers.

What did the court decide?

H.M.O.P.No.80 of 2020 transferred from Sub Court, Pollachi to Sub Court, Dindigul; papers directed to be transmitted forthwith.

Sri Sitheswari Vs N.Nithiyanandham — Civil Procedure and Limitation | Madras HC (2021)

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Tr CMP (MD) No. 119 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2021 CORAM:

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THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.119 of 2021

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Sri Sitheswari

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Petitioner/Petitioner

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-vs-

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N.Nithiyanandham

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... Respondent/Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.80 of 2020 on the file of the Sub Judge, Pollachi, Coimbatore District and transfer the same to the file of the Sub Court, Dindigul.

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For Petitioner : Mr.G.Gomathi Sankar For Respondent : No appearance

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.80 of 2020 on the file of the Sub Judge, Pollachi, Coimbatore District and transfer the same to the file of the Sub Court, Dindigul.

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2.The petitioner/wife has filed H.M.O.P.No.80 of 2020 before the Sub Court, Pollachi.

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3.The learned counsel for the petitioner submitted that though the petitioner is residing in Dindigul, based on a wrong advise, the petitioner has filed H.M.O.P. No. 80 of 2020 before the Sub Court, Pollachi, Coimbatore District. The learned counsel for the petitioner/wife further submitted that the petitioner is living with her parents home at Dindigul and the distance between the Dindigul to Pollachi is about 240 kms. In such circumstances, it is very difficult for her to travel from Dindigul to Pollachi for attending every hearing in H.M.O.P.No.80 of 2020 on the file of the Sub Court, Pollachi, Coimbatore District. Therefore, he seeks transfer of the said petition to the file of the Sub Court, Dindigul, Dindigul District.

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Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent either in person or through counsel.

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This Court considered the arguments made by the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

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Tr CMP (MD) No. 119 of 2021

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This Court is satisfied with the reasons stated in the affidavit filed in support of this petition.

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Considering the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioner, H.M.O.P.No.80 of 2020 is withdrawn from the Sub Court, Pollachi, Coimbatore District and transferred to the file of the Sub Court, Dindigul District for disposal as per law. The Subordinate Judge, Pollachi, Coimbatore District is directed to transmit the papers to the file of the Subordinate Judge, Dindigul, Dindigul District, forthwith. The Subordinate Judge, Dindigul, Dindigul District is directed to dispose H.M.O.P.No.80 of 2020 on merits and in accordance with law as expeditiously as possible.

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8.In fine, this petition is allowed. No costs.

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Assistant Registrar (CS-II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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msa/CM

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To: 1. The Subordinate Judge, Pollachi, Coimbatore District, 2. The Subordinate Judge, Dindigul District.

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+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-17814[F] dated 28/04/2021 )

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Order made in Tr.C.M.P.(MD) No.119 of 2021

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Dated: 28.04.2021

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CN(07.05.2021) 2P 4C

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

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Sri Sitheswari v. N.Nithiyanandham

Case brief

What is this about?

What did the court decide?

Sri Sitheswari v. N.Nithiyanandham

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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