The High Court of Madras dismissed a transfer petition filed under Section 24 CPC as the benches involved fall under the administrative control of the same District Court. The matter was disposed of without costs, directing the party to approach the District Court for transfer.
The transfer petition was dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr.C.M.P.No.523 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.523 of 2022 and C.M.P.No.9471 of 2022
Oviya
... Petitioner
Vs.
Ponnarasu
... Respondent
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the HMOP No.552 of 2021 pending on the file of the Family Court, Salem and transfer the same to the file of Subordinate Court, Mettur to be tried along with the Original Petition in HMOP No.64 of 2022.
For Petitioner : Mr.Deeraj for M/s.P.V.Law Associates For Respondent : Mr.S.Mayilanathan
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Tr.C.M.P.No.523 of 2022
O R D E R
The petition for transfer is filed to withdraw the HMOP No.552 of 2021 from the file of the Family Court, Salem and transfer the same to the Subordinate Court, Mettur.
the Principal District Salem, the petitioner is at liberty to move an appropriate petition for transfer before the District Court.
disposed of . However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
sha
15.12.2022
Index : Yes Speaking order
To
Page 2 of 3
Tr.C.M.P.No.523 of 2022
S.M.SUBRAMANIAM, J.
sha
Tr.C.M.P.No.523 of 2022
15.12.2022
Page 3 of 3
1 issue framed by the court
Whether a transfer petition should be entertained when the courts involved are under the same administrative control.
1 provisions across 1 enactments
Oviya
Ponnarasu
S.M.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
