A. Kalaiselvan vs J. Sri Vidhya - 2023 Supreme(Mad) 305

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 305

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
A. Kalaiselvan – Petitioner
Versus
J. Sri Vidhya – Respondent
Tr. C.M.P. No. 7990 of 2023
Decided On : 24-01-2023

Advocates:
Advocate Appeared:
For the Petitioner: P. Rathanavel.

Headnote:
Constitution of India, 1950 – Article, 226 – Civil Procedure Code,1908 – Section, 24 – Power of High Courts to issue certain writs – confers a general power of transfer and withdrawal of a suit, appeal or proceeding – Petition for transfer is filed to withdraw O.S. pending on file of Additional Family Court, Chennai and to transfer same to any other Family Court – Held, learned counsel for petitioner states that petitioner had already filed Transfer Civil Miscellaneous Petition before Principal Judge, Family Court, which is pending – While so, present Transfer Civil Miscellaneous Petition, once again filed to transfer very same Suit in O.S. is not maintainable and thus, objections raised by Registry is in consonance with provisions for transferring case and stands confirmed – Petition closed.

ORDER :

Prayer: Tr. C.M.P. No. 7990 of 2023 is filed under Section 24 of the Civil Procedure Code, to withdraw the O.S. No. 251 of 2014 pending on the file of the VII Additional Family Court, Chennai and to transfer the same to any other Family Court, Chennai.

1. The petition for transfer is filed to withdraw the O.S. No. 251 of 2014 pending on the file of the VII Additional Family Court, Chennai and to transfer the same to any other Family Court, Chennai.

2. The very same petitioner earlier filed Transfer Petition in Tr. C.M.P. No. 1202 of 2022 and the said Transfer Petition was disposed of granting liberty to the petitioner to approach the Principal Judge, Family Court for transferring the case.

3. The learned counsel for the petitioner states that the petitioner had already filed Transfer Civil Miscellaneous Petition before the Principal Judge, Family Court, which is pending. While so, the present Transfer Civil Miscellaneous Petition, once again filed to transfer the very same Suit in O.S. No. 251 of 2014 is not maintainable and thus, the objections raised by the Registry is in consonance with the provisions for transferring the case and stands confirmed.

4. Accordingly, the Transfer Civil Miscellaneous Petition in Tr. C.M.P. No. 7990 of 2023 stands dismissed. However, there shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

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