The petitioner sought transfer of proceeding from Family Court to Sub Court. The underlying proceeding was dismissed for default, rendering the transfer petition infructuous. The petition was dismissed as infructuous with liberty to file fresh application if the original proceeding is restored.
Transfer petition dismissed as infructuous.
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Tr.CMP.No.536 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.CMP.No.536 of 2023 and C.M.P.No.12679 of 2023
Kiruthika
.. Petitioner
Vs.
Ramkumar
.. Respondent
Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.113 of 2022 pending on the file of the Family Court at Erode and transfer the same to the file of the Sub Court at Tiruchengode.
For Petitioner : Mr.B.Jawahar
ORDER
Mr.B.Jawahar, appearing on behalf of the petitioner, would submit
that the proceeding in H.M.O.P.No.113 of 2022 was dismissed for default on 15.11.2023 and consequently, this transfer petition has become infructuous.
Page No 1 of 3 https://www.mhc.tn.gov.in/judis
Tr.CMP.No.536 of 2023
2022 is restored back onto the file, liberty is granted to the petitioner to move a fresh application for transfer of proceeding before this Court.
07.06.2024
mkn2 Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No
Page No 2 of 3 https://www.mhc.tn.gov.in/judis
Tr.CMP.No.536 of 2023
V. LAKSHMINARAYANAN, J.
mkn2
To
The Family Court, Erode
Tr.CMP.No.536 of 2023 and C.M.P.No.12679 of 2023
07.06.2024
Page No 3 of 3 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the transfer petition under Section 24 CPC is infructuous following the dismissal of the underlying proceeding for default?
1 provisions across 1 enactments
Kiruthika
Ramkumar
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
