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2025 DAILYLAW 5724 (CHH)

SMT. NAINA AMBADE v. DEVENDRA KUMAR AMBADE

MCC/166/2025 · 2025-04-04

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1- 2025:CGHC:15884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 166 of 2025 Smt. Naina Ambade D/o Gangadhar Dahate W/o Devendra Kumar Ambade, Aged About 32 Years, R/o- Duplex 21, Neera Enclave, Prarthvi Nagar, Heerapur Road, Mohba Bazar Raipur, Tahsil And District Raipur (C.G.) ... Applicant (s) versus Devendra Kumar Ambade S/o Anantram Ambade Aged About 42 Years Caste- Mahar, R/o- Misiyabada, Ward No. 9, Dongargarh, Tahsil And Police Station - Dongargarh, District - Rajnandgaon (C.G.) … Respondent(s) For Applicant : Mr. Suraj Jaiswal, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 04/04/2025 1. This application (MCC) is filed by the applicant seeking modification of the order dated 10.12.2024 passed in TPC No.97 of 2024. 2. Learned counsel for the applicant submits that the applicant/petitioner had filed TPC No.97 of 2024 seeking transfer of Case No. H.M. Act/12-A/2024 (between Devendra Kumar Ambade vs. Smt. Naina Ambade) from the Court of Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.04.09 17:41:35 +0530 -2- Additional District Judge, Dongargarh, District Rajnandgaon (CG) to the Court of District Judge, Raipur, District -Raipur (CG). He submits that due to typographical error while drafting TPC, instead of making prayer for transferring the Case No. H.M. Act/12-A/2024 from the Court of Additional District Judge, Dongargarh, District Rajnadgaon (CG) to the Family Court, Raipur, District -Raipur (CG), prayer for transferring the Case No. H.M. Act/12-A/2024 to the Court of District Judge, Raipur, District Raipur (CG) has been made and, accordingly, this Court vide order dated 10.12.2024, considering the pleadings and prayer made in the TPC, due to typographical error, in the order it is mentioned- “transferring of Case No. H.M. Act/12-A/2024 (Devendra Kumar Ambade Vs. Smt. Naina Ambade) from the Court of Additional District Judge, Dongargarh, District Rajnandgaon to the Court of District Judge, Raipur, District -Raipur ”. He prays for modification of the order dated 10.12.2024 accordingly. 3. I have heard learned counsel for the applicant, perused the documents annexed along with this application as also records of TPC. 4. The operative portion of the order dated 10.12.2024 passed in TPC No. 97 of 2024 read thus: “12. Accordingly, this transfer petition is allowed. It is ordered that Case No. H.M. Act/12-A/2024 (Devendra Kuamr Ambade Vs. Smt. Naina Ambade), pending before the Additional District -3- Judge, Dongargarh, District Rajnadgaon shall be transferred to the Court of District Judge Raipur, District Raipur. 13. The Additional District Judge, Dongargarh is directed to transfer the record of the above case to the District Judge Raipur forthwith. Parties are directed to appear before the District Judge Raipur on 9th January 2025. 14. The learned District Judge Raipur will make all endevours to conclude the proceedings of the case at the earliest subject to cooperation by the parties.” 5. Considering the submissions made by learned counsel for the applicant, grounds raised in the application for modification of the order, I am inclined to allow the application (MCC). Accordingly, it is directed that operative paragraphs No. 12, 13 & 14 of the order dated 10.12.2024 passed by this Court in TPC No.97 of 2024, as mentioned above, shall now be read as under:- “12. Accordingly, this transfer petition is allowed. It is ordered that Case No. H.M. Act/12-A/2024 (Devendra Kumar Ambade Vs. Smt. Naina Ambade), pending before the Additional District Judge, Dongargarh, District Rajnadgaon shall be transferred to the Family Court Raipur, District- Raipur (CG). 13. The Additional District Judge, Dongargarh is directed to transfer the record of the above case to the Family Court Raipur, District- Raipur (CG) forthwith. Parties are directed to appear before the Family Court Raipur, District- Raipur (CG) on -4- 1st May 2025. 14. The learned Family Court Raipur, District- Raipur (CG) will make all endevours to conclude the proceedings of the case at the earliest subject to cooperation by the parties.” 6. A copy of this order shall be made part of record of TPC No.97 of 2024 and shall be supplied along with copy of order dated 10.12.2024 passed in TPC No.97 of 2024. 7. The application (MCC) is accordingly allowed. 8. Certified copy as per rules. Sd/--/---/-/- (Parth Prateem Sahu) Judge Praveen