Supreme Court - Daily Orders
Manisha Kumari vs Santosh Kumar on 7 July, 2023
Bench: Hrishikesh Roy, Pankaj Mithal
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO. 1317/2023
IN
TRANSFER PETITION (CIVIL) No. 2921/2022
MANISHA KUMARI Non-Applicant/Petitioner
VERSUS
SANTOSH KUMAR Applicant/Respondent
O R D E R
Heard Mr. Ashutosh Mishra, learned counsel appearing for the applicant/respondent. Also heard Mr. Bhuwan Raj, learned counsel appearing for the non-applicant/petitioner.
It is pointed out that since the Money Suit No. 160 of 2022 is a defamation suit and is not a matrimonial matter, the same should not have been transferred to the Family Court at Prayagraj, Allahabad, Uttar Pradesh. Accordingly, the I.A. No. 89221 of 2023 is moved where the correct Court to which the matter has to be transferred, is mentioned.
Taking note of the above, the last part of paragraph 2 of this Court’s order dated 22.03.2023 is rectified to say that Money Suit No. 160 of 2022 titled as “Santosh Kumar v. Manisha Kumari” pending before the Court of Civil Judge No. 3, Kamrup (M) at Guwahati, Assam is ordered to be transferred to the Court of Civil Judge at Prayagraj/Allahabad, District Prayagraj, Uttar Pradesh.
Corrected certified copy when applied, may accordingly be issued.
I.A. No. 89221 of 2023 is allowed. Miscellaneous Application is disposed of.
Pending application(s), if any, shall stand closed.
..................J. Signature Not Verified (HRISHIKESH ROY) Digitally signed by NITIN TALREJA Date: 2023.07.11 16:53:07 IST Reason: ..................J. (PANKAJ MITHAL) NEW DELHI;
JULY 07, 2023
1
ITEM NO.29 COURT NO.9 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 1317/2023 in T.P.(C) No. 2921/2022
(Arising out of impugned judgment and order dated 22-03-2023 in T.P.(C) No. 2921/2022 passed by the Supreme Court of India) MANISHA KUMARI Non-Applicant/Petitioner VERSUS SANTOSH KUMAR Applicant/Respondent (FOR ADMISSION and IA No.89221/2023-MODIFICATION OF COURT ORDER) Date : 07-07-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PANKAJ MITHAL For Parties Mr. Ashutosh Mishra, Adv.
Ms. Divya Roy, AOR Mr. Bhuwan Raj, AOR Ms. Manju Savita, Adv.
Mr. Anubhav Mehrotra, Adv.
UPON hearing the counsel the Court made the following O R D E R I.A. No. 89221 of 2023 is allowed. Miscellaneous Application is disposed of in terms of the signed order.
The operative part of the order reads as under:
“Taking note of the above, the last part of paragraph
2 of this Court’s order dated 22.03.2023 is rectified to say that Money Suit No. 160 of 2022 titled as “Santosh Kumar v. Manisha Kumari” pending before the Court of Civil Judge No. 3, Kamrup (M) at Guwahati, Assam is ordered to be transferred to the Court of Civil Judge at Prayagraj/Allahabad, District Prayagraj/Allahabad.” Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file) 2