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Madras High CourtCRP/862/2024allowed

P. Srinivasan v. S. Bhuvaneswari

2024-03-13Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM P.Srinivasan ... Petitioner Vs.

S.Bhuvaneswari ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Court of learned Sub Judge, Poonamallee to expeditiously dispose of the petition in HMOP No.128 of 2022 on his file. For Petitioner : Ms.R.Gobika

O R D E R

The civil revision petition is filed to direct the Court of learned Sub Judge, Poonamallee to expeditiously dispose of the petition in HMOP No.128 of 2022 on his file.

2. The petitioner is the husband and respondent is the wife. The

petitioner husband has filed HMOP No.128 of 2022 on the file of the learned Sub Judge, Poonamallee seeking divorce. The petition is pending from 2022. Presently, the case is posted for enquiry. In such circumstances, the petitioner has filed this present civil revision petition for a direction to the Trial Judge to dispose of the case within a time frame.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on

verification through e-filing, has reported that the total pendency of the learned Sub Judge, Poonamallee is 1350 cases.

5. Considering the total pendency of the cases and also taking note of the fact that the above petition was filed in the year 2022, the learned Sub Judge, Poonamallee, is directed to dispose of HMOP No.128 of 2022, as early as possible.

6. With the above direction, the Civil Revision Petition is allowed. There shall be no order as to costs.

13.03.2024 Index: Yes/No Internet: Yes/No mrn To The Sub-Judge, Poonamallee

V.SIVAGNANAM , J.

(mrn) 13.03.2024