Madras High CourtCRL OP/1548/2020disposed of

G.Sundaram v. Rajeswari

2020-01-27Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.1548 of 2020 G.Sundaram ... Petitioner Vs.

1.Rajeswari 2.Suresh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the learned Judicial Magistrate / Additional Mahila Court, Salem to dispose of the petition in C.M.P.No.3087 of 2019 in D.V.O.P.No.80 of 2014 on the file of the Judicial Magistrate / Additional Mahila Court, Salem on day to day basis. For Petitioner : Mr.B.Kumarasamy

ORDER

This petition has been filed to direct the learned Judicial Magistrate / Additional Mahila Court, Salem to dispose of the petition in C.M.P.No.3087 of 2019 in D.V.O.P.No.80 of 2014 at the earliest.

2. The learned counsel for the petitioner has submitted that the 1st respondent herein has filed an application under Section 12 of the Protection of Women from Domestic Violence Act 2005, based on the same, the case was taken on file in D.V.O.P.No.80 of 2014 before the Judicial Magistrate / Additional Mahila Court, Salem. He further submitted that in the said petition, the petitioner herein was not arrayed as respondent. He further submitted that the petitioner who is the father of the second respondent is aged about 79 years and he is the absolute owner of the house bearing Door No.40, Park Street, Salem-1, and hence he filed an application in C.M.P.No.3087 of 2019 in D.V.O.P. No.80 of 2014 to direct the respondents herein to vacate a portion of the house bearing Door No.40, Park Street, Salem-1.

He further submitted that the said petition was filed on 29.08.2019. So far the learned Judicial Magistrate has not passed any order in the said petition. Hence, he requests to direct the Judicial Magistrate / Additional Mahila Court, Salem to dispose of the said petition at the earliest. 1/2 https://hcservices.ecourts.gov.

3. Considering the aforesaid submissions, the learned Judicial Magistrate / Additional Mahila Court, Salem is directed to dispose C.M.P.No.3087 of 2019 in D.V.O.P. No. 80 of 2014 within a period of two weeks from the date of receipt of copy of this order.

4. With the aforesaid directions, this petition is disposed of.

Sd/- Assistant Registrar(C.S.VII) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate / Additional Mahila Court, Salem.

+1 cc to M/s.B.Kumarasamy,Advocate Sr.No. 5565 AKM/29.01.2020/2P-3C / Crl.O.P.No.1548 of 2020 2/2 https://hcservices.ecourts.gov.in/hcservices/