Madras High CourtCRP/4950/2011disposed of

V.Gayathri v. Muralidharan

2018-10-29Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.10.2018

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P(PD).No.4950 of 2011 & M.P.No.1 of 2011 V.Gayathri ... Petitioner Vs J.Muralidharan ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India to dispose of the O.P.No.551 of 2009 now pending before the III Additional Family Court, Chennai. For Petitioners : Drafted notice sent to sole petitioner - out of station.

For Respondent : NA

O R D E R

The above said Civil Revision Petition has been filed by the petitioner in HMOP.551 of 2009 under Article 227 of the Constitution of India for a direction to the III Additional Family Court, Chennai to dispose of the same within a time frame. It is seen that the learned counsel initially entered appearance and had made a representation on 14.11.2013 that she had no instructions from the party and she is going to file a memo to the said effect. Though, such a representation was made on 14.11.2013 there is no memo on record to that effect and the matter has been periodically adjourned and finally when the said matter was posted before this Court and a representation was made that the memo is not on record. There is no representation on the side of the respondent as well.

2. However, it is seen that, this Court by order dated 11.12.2013 has directed notice to the petitioner for hearing on

2nd January 2014 and the petitioner has not been served once again. It is seen that drafted notice has been despatched by the Registry in the month of July 2017. The said notice has been returned with an endorsement ("Party out of station 10 days deposit"). Even thereafter, the petitioner has not taken steps to enter appearance in the revision. However, taking into account the limited relief that is sought for in this revision, this Court is allowing the Civil Revision Petition with a direction to the III Additional Family Court, Chennai to dispose of the HMOP.551 of 2009, within a period of three months from the date of receipt of a copy of this order, if not already disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

29.10.2018 ssr Index : Yes/No Speaking order/non-speaking order

P.T.ASHA, J., ssr To

1. Hon'ble III Additional Family Court, Chennai.

C.R.P(PD).No.4950 of 2011 29.10.2018