R. V. VASANTHA KUMAR, J.

( 1 ) HEARD the petitioner's counsel on merits even though the matter was listed in the orders list since notice issued to respondent has been served and he has remained absent and unrepresented.

( 2 ) THIS Civil Petition is directed against an order, dated 6-8-1992 passed inmiscellaneous Proceedings No. 404 of 1992 filed under Section 24 of the Code of civil Procedure before the Court of the Additional City Civil Judge, Bangalore City seeking for transfer of G. W. C. Proceedings No. 143 of 1981 which was pending on the file of the Additional City Civil Judge, Bangalore, wherein the court on 11-12-1986 had passed an order in respect of custody of minor child born out of wedlock between one Md. Hafeez (the petitioner in G and WC. 143 of 1981) and javeeda Hafeez (the respondent in G and WC 143 of 1981 ).

( 3 ) THE operative portion of the order reads:-"the petition is dismissed. The respondent shall continue to retain custody of minor Jauber Ha feez but the minor shall not be removed from the jurisdiction of this court without the prior permission in writing of the court. The petitioner is permitted to see the child and remain with the child in the school once

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