Balamythili vs T.Eniyan
2021 Latest Caselaw 1694 Mad

                                                                            Tr.CMP.Nos.4 & 6 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 25.01.2021

                                                            CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                               Tr.C.M.P.Nos.4 & 6 of 2021
                                                          and
                                               C.M.P.Nos.237 & 242 of 2021


                     Balamythili                                      .. Petitioner in both petitions

                                                              vs.

                     T.Eniyan                                         .. Respondent in both petitions

                     COMMON PRAYER : Transfer Civil Miscellaneous Petitions are filed
                     under Section 24 of the Civil Procedure Code, to withdraw the
                     F.C.O.P.Nos.28 of 2018 & 48 of 2018 pending on the file of the Family
                     Court Judge, Chengalpattu and transfer the same to the Sub-Court,
                     Tambaram.

                                   For Petitioner               : Mr.C.Venkatesan
                                   in both petitions




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                                                                           Tr.CMP.Nos.4 & 6 of 2021




                                             COMMONORDER


                                   The petitions for transfer is filed to withdraw the F.C.O.P.Nos.28

                     of 2018 & 48 of 2018 pending on the file of the Family Court Judge,

                     Chengalpattu and transfer the same to the Sub-Court, Tambaram.



                            2. The learned counsel for the respondent made a submission that the

                     divorce case filed by the respondent and the other case filed by the

                     petitioner for restitution of conjugal rights in F.C.O.P.No.28 of 2018 were

                     jointly tried and the Family Court at Chengalpattu has fixed the date for

                     judgment as 27.01.2021. Further, the learned counsel for the respondent

                     submitted that since the trial has already been concluded and the matter is

                     posted for judgment on 27.01.2021, there is no reason to entertain the

                     present petition for transfer.



                         3. In view of the fact that the trial has already been concluded, no further

                     adjudication is required in the present petitions. Accordingly, the transfer

                     petitions stand dismissed. No costs. Consequently, connected miscellaneous

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                                                          Tr.CMP.Nos.4 & 6 of 2021

                     petitions are also closed.



                                                                       25.01.2021
                     Speaking Order/Non-Speaking Order.
                     Internet : Yes/No.
                     Index: Yes/No.

                     ssb




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                                                   Tr.CMP.Nos.4 & 6 of 2021




                                                  S.M.SUBRAMANIAM, J.

ssb

To

1.The Judge, Family Court, Chengalpattu

Tr.CMP.Nos.4 & 6 of 2021

25.01.2021

https://www.mhc.tn.gov.in/judis/