Allowed

K.Shalini v. G.Ajay Prithivi

Madras HC9 Mar 2023TR CMP(MD)/39/2022

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court, constituted by Justice C. Saravanan, allowed a transfer petition seeking to move a High Court Original Petition from the Sub Court, Alandur to the Sub Court, Karaikudi in Sivagangai. The transfer was granted based on the petitioner's residential location and the reasons affirmed in the filed affidavit, noting the respondent's failure to appear.

What did the court decide?

Transfer of H.M.O.P.No.2078 of 2021 from Sub Court, Alandur to Sub Court, Karaikudi; connected miscellaneous petition closed.

K.Shalini Vs G.Ajay Prithivi — Civil Procedure and Limitation | Madras HC (2023)

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Tr.C.M.P(MD)No.39 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.03.2023

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CORAM

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THE HON'BLE MR.JUSTICE C.SARAVANAN

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Tr.C.M.P(MD)No.39 of 2022

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and

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C.M.P(MD)No.694 of 2022

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K.Shalini

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... Petitioner/ Respondent

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Vs.

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G.Ajay Prithivi ...Respondent/ Petitioner

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PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 read with 151 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.2078 of 2021 from the file of the Sub Court, Alandur and to transfer the same to the Sub Court, Karaikudi or any other competent Court in Sivagangai within the time stipulated by this Court.

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For Petitioner : Mr.S.Malaikani

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ORDER

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The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.2078 of 2021 from the file of the Sub Court,

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https://www.mhc.tn.gov.in/judis 1/4

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Tr.C.M.P(MD)No.39 of 2022

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Alandur and to the file of the Sub Court, Karaikudi or any other competent Court in Sivagangai.

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The notice taken on the respondent had remained unserved and therefore, this Court had permitted private notice on the learned counsel, who represents the interest of the respondent before the Family Court, Alandur in H.M.O.P.No.2078 of 2021. The notice was served. Despite such, there is no representation on behalf of the respondent.

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The petitioner has already filed D.V.O.P.No.16 of 2021 before

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the Judicial Magistrate, Karaikudi. The petitioner is from Alagappapuram, Sivagangai District. The respondent on the other hand instituted H.M.O.P.No.2078 of 2021 before the Alandur as the respondent is residing in Kulathur, Chennai.

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Being satisfied with the reasons given in the affidavit filed in support of the petition, this Court is inclined to allow this application for transfer of H.M.O.P.No.2078 of 2021 from Sub Court, Alandur to Sub Court, Karaikudi.

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Tr.C.M.P(MD)No.39 of 2022

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The transfer civil miscellaneous petition stands allowed with the

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above observations. No costs. consequently, connected miscellaneous petition is closed.

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09.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No

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1.The Sub Court, Alandur.

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2.The Sub Court, Karaikudi.

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3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis 3/4

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3/4

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Tr.C.M.P(MD)No.39 of 2022

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C.SARAVANAN ,J.

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Tr.C.M.P(MD)No.39 of 2022

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09.03.2023

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https://www.mhc.tn.gov.in/judis 4/4

K.Shalini v. G.Ajay Prithivi

Case brief

What is this about?

What did the court decide?

K.Shalini v. G.Ajay Prithivi

Case brief

What is this about?

What did the court decide?

What the court decided

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