IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 15.04.2010 Coram The Honourable Mr.Justice M.Jaichandren TR.CMP.No.303 of 2009 & M.P.No.1 of 2009 Sathyabama ... Petitioner Vs. Palanivel ... Respondent Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure to withdraw M.O.P.No.49 of 2007 on the file Family Court, Puducherry, along with I.A.No.803 of 2008 and unnumbered application to set aside the exparte order and transfer the same to the Principal Sub Court, Cuddalore, to be tried along with H.M.O.P.No.20 of 2009 and disposal in accordance with law. For Petitioner : Mr.P.Mani For Respondent : Mr.V.Ayyadurai O R D E R This Transfer Civil Miscellaneous petition has been filed, praying that this Court may be pleased to withdraw M.O.P.No.49 of 2007, on the file of the Family Court, Puducherry and to transfer the same to the Principal Subordinate Court, Cuddalore, to be tried along with H.M.O.P.No.20 of 2009. 2.Even though various reasons have been stated in the affidavit filed in support of the petition, to substantiate the request of the petitioner for the transfer, the learned counsel appearing on behalf of the respondent had brought to the notice of this Court, that an exparte decree had been passed, in M.O.P.No.49 of 2007, on 14.06.2007. As such, M.O.P.No.49 of 2007, is not pending on the file of the Family Court, Puducherry, as on date. 3. Even though the learned counsel appearing on behalf of the petitioner had stated that the interlocutory application, in I.A.No.803 of 2008, had been filed before the Family Court, Puducherry, to condone the delay of 361 days, in filing the application to set aside the exparte decree, it does not give a cause of action for the filing of the Transfer Civil Miscellaneous Petition before this Court, to transfer M.O.P.No.49 of 2007, on the file the Principal Subordinate Court, Cuddalore, to be tried along with H.M.O.P.No.20 of 2009, as prayed for by the petitioner. In such circumstances, this Transfer Civil Miscellaneous Petition is liable to be dismissed. Hence, it is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 4.However, it is made clear that it would be open to the petitioner to approach this Court, at the appropriate time, to revive his request, in the manner known to law. It is also made clear that the personal appearance of the petitioner may not be insisted upon by the learned Family Court, Puducherry, in I.A.No. 803 of 2008, in M.O.P.No.49 of 2007, unless it is found to be really necessary. 5. The learned Family Court Judge, is directed to dispose of the interlocutary application, in I.A.No.803 of 2008, within a period of eight weeks, from the date of the receipt of a copy of this order. 15.04.2010 Index : Yes/No Internet : Yes/No arr To 1.The Family Court, Puducherry. 2.The Sub Court, Cuddalore. M.JAICHANDREN,J arr TR.CMP.No.303 of 2009 15.04.2010