A case can be transferred from one court to another under Section 24 of the Code of Civil Procedure (CPC) if the court is satisfied that the transfer is necessary for the ends of justice.

Tr.C.M.P.No.415 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Tr.C.M.P.No. 415 of 2023

and

C.M.P.No. 9183 of 2023

N.Kalaiyarasi

... Petitioner

Vs.

B.Nagarajan

... Respondent

PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of

C.P.C., praying to transfer the HMOP No.336 of 2022 on the file of Sub

Court, Alandur to the Sub-Court,Kanchipuram and consequently directing

for joint trial along with HMOP No.84 of 2023 on the file of the Subordinate

Court at Kanchipuram.

For Petitioner

: Mr.Dharanidharan

For Respondent

: No appearance

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Tr.C.M.P.No.415 of 2023

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No.336 of 2022

pending on the file of Sub-Court, Alandur to Sub-Court, Kanchipuram to be

tried along with H.M.O.P.No.84 of 2023.

2. Despite service of notice, there is no representation on the side of

respondent.

3. The learned counsel for petitioner would submit that the petitioner

wife seeks transfer of the proceedings on the ground that she is not able to

travel from her place of residence to attend every hearings before Sub-Court,

Alandur. Hence, he prayed to transfer the petition.

4. Records perused. The reasons assigned by the petitioner wife is

justifiable one and the fact that she is not able to travel from Kanchipuram to

attend every hearings before the Sub-Court, Alandur. Accordingly, this

Transfer Civil Miscellaneous Petition is allowed and the petition in

H.M.O.P.No.336 of 2022 is withdrawn from the file of the Sub-Court,

Alandur and transferred to the file of Sub-Court, Kanchipuram, to be tried

along with H.M.O.P.No.84 of 2023 and the learned trial judge is directed to

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Tr.C.M.P.No.415 of 2023

transfer the case to the Sub-Court, Kanchipuram within a period of two

weeks from the date of receipt of copy of this order. The learned Sub-Court,

Kanchipuram is also directed to take case on file within period of one week

from the date of receipt of papers and issue notice to the respondent as per

manner known to law and thereafter, to dispose the case as early as possible.

No costs. Consequently, connected civil miscellaneous petition is closed.

12.12.2023

Index

: Yes / No

Internet

: Yes / No

Speaking/Non-speaking order

rpp

To

1. The Subordinate Court, Alandur.

2. The Subordinate Court, Kanchipuram

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Tr.C.M.P.No.415 of 2023

T.V.THAMILSELVI, J.

rpp

Tr.C.M.P.No. 415 of 2023

12.12.2023

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