Y A AJIT Vs. SOFANA AJIT

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the legality of judgment rendered by a learned Single Judge of the Madas High Court allowing the transfer petition filed by the respondent in terms of Section 24 of the Code of Civil Procedure, 1908 (in short the 'CPC'). By the transfer petition the respondent had sought for transfer of IDOP No.46 of 2003 pending in the Court of District Judge, Kanyakumari at Nagercoil to the Court of Family Judge, Chennai. The High Court accepted the prayer.

(3.) Learned counsel for the appellant submitted that between the parties there was an earlier proceeding which came before this Court in Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. (2004 (8) SCC 100). It is submitted that in view of what has been stated in the said case the impugned order cannot be maintained. Learned counsel for the respondent on the other hand supported the order of the High Court.