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2016 Supreme(SC) 521
SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
Aarthi – Appellant
Versus
R.M. Rajeshkumar – Respondent
Civil Appeal No. 5394 of 2006 [@ Special Leave Petition (C) No. 14174 of 2015]
Decided On : 29-06-2016
The court has the authority to transfer cases to ensure expeditious and efficient disposal.
Headnote:
Jurisdiction - Transfer of Cases - Family Court - Dispute over trial location
Fact of the Case:
The dispute was whether two cases should be tried in Karur or Coimbatore.
Finding of the Court:
The court decided to transfer one case to the Family Court at Coimbatore and directed the consolidation and expeditious disposal of both cases within six months.
Issues: Dispute over trial location of two cases
Ratio Decidendi: The court considered the agreement of the parties and decided to transfer one case to Coimbatore for consolidation and expeditious disposal.
Final Decision: HMOP No. 63 of 2013 was transferred to the Family Court at Coimbatore with a direction for consolidation and expeditious disposal within six months.
JUDGMENT :
Kurian, J.
1. Leave granted.
2. The dispute essentially is as to whether HMOP No. 63 of 2013 on the file of Subordinate Judge, Karur, Tamil Nadu and HMOP No. 1050 of 2014, which is pending in the Family Court at Coimbatore, should be tried in Karur or in Coimbatore.
3. The learned counsel on both sides have agreed that both the cases can be tried in Family Court at Coimbatore. Therefore, this appeal is disposed of by transferring HMOP No. 63 of 2013, pending in the Court of Subordinate Judge, Karur, Tamil Nadu to the Family Court at Coimbatore with a direction to the Family Court at Coimbatore to consolidate both the cases and dispose of the same expeditiously and preferably within six months from the date of first appearance of the parties pursuant to this order.
4. The parties shall appear before the Family Court at Coimbatore on 02.08.2016.
5. The Registry is directed to transmit a copy of this order to both the courts forthwith.
No costs.
