This is a one-line dismissal order for non-prosecution. The petitioner failed to appear after multiple listing opportunities, leading to the dismissal of the petition filed to transfer civil matters. No substantive legal proposition is developed.
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.627 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.627 of 2022 and
C.M.P.No.10734 of 2022
B.Kulanthai Fathima
Vs.
M.Babu ... Respondent
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the O.S.No.200 of 2018 which is on the file of District Munsif of Kangayam, Tiruppur District and M.C.No.29 of 2018 which is on the file of Judicial Magistrate Dharapuram of Thiruppur District and transfer all the two cases to Family Court at Dindigul.
For Petitioner : No appearance For Respondent : No appearance
O R D E R
When the matter was listed for hearing on 06.12.2022, none appeared
on behalf of the petitioner. Thus, Registry is directed to list the matter on
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Tr.C.M.P.No.627 of 2022
08.12.2022.
2. On 08.12.2022 also, there was no representation on behalf of the
petitioner. In order to give one more opportunity, this Court passed an order, directing the Registry to list this matter under the caption “For Dismissal” on 12.12.2022.
3. Again, when the matter is taken up for hearing today i.e., on 20.12.2022, none appeared for the petitioner. Thus, it is evident that the petitioner is not interested in pursuing the matter. Accordingly, the Transfer Civil Miscellaneous Petition in TR.CMP.No.627 of 2022 stands dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed.
20.12.2022
skr/sp Index : Yes Speaking order
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Tr.C.M.P.No.627 of 2022
S.M.SUBRAMANIAM, J.
skr/sp
Tr.C.M.P.No.627 of 2022
20.12.2022
Page 3 of 3
1 issue framed by the court
Whether the Transfer Civil Miscellaneous Petition filed under Section 24 of CPC should be dismissed for non-prosecution.
B.Kulanthai Fathima
M.Babu
S.M.Subramaniyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
