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2014 DIGILAW 4002 (MAD)

Sarala Devi v. S. Krishnasamy

2014-10-28

S.VIMALA

body2014
Judgment 1. This petition for transfer is filed by the wife seeking transfer of H.M.O.P.No.32 of 2009 pending on the file of the Principal Sub Court, Trichy to the file of the Sub Court, Kovilpatti. 2. It is represented by the learned counsel for the respondent that H.M.O.P.No.32 of 2009 has been dismissed for default and so far, no steps have been taken to restore the same and this fact is within the knowledge of the petitioner. Therefore, for the time being, the transfer petition is sought to be dismissed as infructuous. 3. Learned counsel for the petitioner seeks liberty to file transfer petition again, if at all H.M.O.P.No.32 of 2009 is restored, later on. 4. As this Civil Miscellaneous Petition is dismissed as infructuous only on technical grounds and not on merits and it is always open to the petitioner to file transfer petition later on. No costs. Consequently, the connected miscellaneous petition is closed.