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Kavitha Vs. R. Sogulan - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberTr.CMP(MD).No. 416 of 2016 & CMP(MD).No. 8228 of 2016
Judge
AppellantKavitha
RespondentR. Sogulan
Excerpt:
.....of 2013 on the file of the principal subordinate court, trichy to sub court, kulithalai in karur district.) 1. this transfer civil miscellaneous petition is filed to withdraw and transfer h.m.o.p.no.783 of 2013 on the file of the principal subordinate court, trichy to the sub court, kulithalai in karur district. 2. learned counsel for the petitioner would submit that the petitioner resides at door no.26, at thottiyam taluk, trichy district. the petitioner has to travel more than 70 kms to attend every hearing at the principal subordinate court, trichy, which causes great difficulty to her. apart from that, she has a female child, aged about 13 years, to take care of her. hence, he prayed for an appropriate order. 3. learned counsel for the respondent would submit that taking into.....
Judgment:

(Prayer: This Civil Revision Petition filed under Section 24 of C.P.C. to withdraw and transfer H.M.O.P.No.783 of 2013 on the file of the Principal Subordinate Court, Trichy to Sub Court, Kulithalai in Karur District.)

1. This Transfer Civil Miscellaneous Petition is filed to withdraw and transfer H.M.O.P.No.783 of 2013 on the file of the Principal Subordinate Court, Trichy to the Sub Court, Kulithalai in Karur District.

2. Learned counsel for the petitioner would submit that the petitioner resides at Door No.26, at Thottiyam Taluk, Trichy District. The petitioner has to travel more than 70 kms to attend every hearing at the Principal Subordinate Court, Trichy, which causes great difficulty to her. Apart from that, she has a female child, aged about 13 years, to take care of her. Hence, he prayed for an appropriate order.

3. Learned counsel for the respondent would submit that taking into convenience of the petitioner only, the H.M.O.P. was filed in the native of Trichy District. However, he would fairly submit that if the case is transferred to the Sub-Court, Kulithalai, Karur District, the time fixed in the order made in C.R.P.(PD).No.1303 of 2016 shall be sustained and the petitioner may be directed to co-operate for an early disposal of the hearing.

4. Heard the submissions made on either side and perused the materials available on record.

5. Be that as it may, by consent of both parties, without adverting to the allegations found in the affidavit filed in support of this petition, the H.M.O.P.No.783 of 2013 pending on the file of the Principal Subordinate Court, Trichy, is transferred to the Sub Court, Kulithalai in Karur District. Consequently, on receipt of this order Copy, the Principal Subordinate Court, Trichy, is directed to transfer all the relevant papers to Sub Court, Kulithalai in Karur District, forthwith, to complete the trial as fixed by this Court in C.R.P.(PD).No.1303 of 2016. It is made clear that the petitioner has to co-operate for an early disposal of the case. Since this Court vide order made in C.R.P.(PD).No.1303 of 2016, dated 13.07.2016, has fixed the time limit to dispose of the case, by consent of parties, the petitioner is directed to be present before the Sub Court, Kulithalai, in Karur District, on 26.09.2016, at 10.00 a.m., without fail, without expecting any notice from the said Court. On appearance of the petitioner on the said date, the Sub Court, Kulithalai, in Karur District, shall hear the matter and dispose of the same, on merits and in accordance with law, on or before 31.10.2016. The Court below is directed to dispose of the case without being influenced by any of the observations made hereunder.

6. With the above direction, this petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.


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