Madras High Court
Divyabharathi vs Kumaresan @ Boopalan on 30 June, 2017
Author: V.M.Velumani
Bench: V.M.Velumani
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.06.2017 CORAM: THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.No.164 of 2017 and C.M.P.No.2985 of 2017 Divyabharathi .. Petitioner Vs. Kumaresan @ Boopalan .. Respondent PRAYER: Civil Revision Petition filed under Section 24 of C.P.C., to withdraw and transfer the case in H.M.O.P.No.46 of 2016 on the file of the Family Court at Chengalpet to Family Court, Chennai. For Petitioner : No appearance For Respondent : M/s.S.K.Bhawatharini ORDER
When the matter was taken up for hearing on 22.06.2017, there was no representation on behalf of the petitioner. Hence, the matter was adjourned to 28.06.2017, under the caption V.M.VELUMANI,J.
gsa 'for dismissal'. Even today, there is no representation on behalf of the petitioner. Therefore, the Transfer Civil Miscellaneous Petition is dismissed for default. No costs. Consequently, the connected miscellaneous petition is closed.
30.06.2017 jv Index: Yes/No speaking order/Non speaking order To The Family Court, Chengalpet Tr.C.M.P.No.164 of 2017 Tr.C.M.P.No.164 of 2017 V.M.VELUMANI,J.
Today, the above Transfer Civil Miscellaneous Petition is listed under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.
2.On 22.06.2017, Tr.C.M.P.No.164 of 2017 was posted under the caption 'notice regarding admission'. On that date, there was no representation on behalf of the petitioner. Hence, this Court, directed the Registry to post the Tr.C.M.P.No.164 of 2017 'for dismissal' on 28.06.2017. However on 30.06.2017, instead of posting Tr.C.M.P.No.164 of 2017, Tr.C.M.P.No.164 of 2015 (which was already disposed) was listed in the cause list, under the caption 'for dismissal' and this Court dismissed the Tr.C.M.P.No.164 of 2015 for non-prosecution. The said order was recorded in the present Tr.C.M.P.No.164 of 2017. The Registry, on verification, found out the mistake and posted the Tr.C.M.P.No.164 of 2017 today under the caption 'for being mentioned'.
V.M.VELUMANI,J.
gsa
3.Considering the mistake that occurred due to misplacement of the bundle of Tr.C.M.P.No.164 of 2015 instead of Tr.C.M.P.No.164 of 2017, the order of dismissal for non-prosecution recorded in the present Tr.C.M.P.No.164 of 2017, without listing the matter on 30.06.2017 'for dismissal', is re-called. The Registry is directed to post the Tr.C.M.P.No.164 of 2017 for hearing before the Regular Court.
13.11.2017 Tr.C.M.P.No.164 of 2017