Madras High Court
R.Diana vs J.Robin on 17 March, 2015
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2015 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN TR.CMP(MD)No.179 of 2012 and M.P(MD)No.1 of 2012 R.Diana ... Petitioner Vs. J.Robin ... Respondent Petition filed under Section 24 r/w 151 of the Civil Procedure Code, to withdraw the case on the file of the learned I Additional District Judge, Trichy, in IDOP.No.7 of 2010 and transfer the same to any other competent Court at Kanyakumari District. !For Petitioner : Mr.S.Deenadhayalan ^For Respondent : Mrs.J.Maria Roseline :ORDER
On the basis of the Note put up by the Registry, the matter is posted under the caption, 'for being mentioned'.
2.The petitioner in the Transfer Civil Miscellaneous Petition is the wife. She filed this petition seeking to withdraw the case on the file of the learned I Additional District Judge, Trichy, in IDOP.No.7 of 2010 and transfer the same to any other competent Court at Kanyakumari District.
3.The Transfer Civil Miscellaneous Petition was allowed by order dated 03.11.2014. However, subsequently, the Registry has put up a note in Roc.No.113/2015/JUDL./MB stating that the Sessions Judge, Mahila Court, I Additional District Judge (PCR)(FAC), Tiruchirappalli, in her letter in D.No.72, dated 29.01.2015, has stated that the IDOP.No.7/2010 was already disposed of on 12.10.2012. Hence, the matter was directed to be posted under the caption, 'for being mentioned'.
4.Though on the aforesaid date namely, 03.11.2014, the learned counsel for the respondent appeared, he did not bring to the notice of this Court that IDOP.No.7 of 2010 itself was already disposed of on 12.10.2012 by the learned I Additional District Judge, Trichy. Had the disposal of IDOP.No.7 of 2010 been brought to the notice of this Court, this Court would not have ordered transfer.
5.In view of the disposal of the IDOP.No.7 of 2010 on 12.10.2012, the relief sought for in the Transfer Civil Miscellaneous Petition became infructuous on the date when the Transfer Civil Miscellaneous Petition was allowed. Hence, the order made in TR.CMP(MD)No.179 of 2012 dated 03.11.2014 is hereby recalled and the present Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, M.P(MD)No.1 of 2012 is closed.
17.03.2015 Index : Yes / No Internet : Yes / No NB2 To I Additional District Judge, Trichy.
D.HARIPARANTHAMAN, J.
NB2 TR.CMP(MD)No.179 of 2012 and M.P(MD)No.1 of 2012 17.03.2015