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Madras High CourtCRP/337/2013dismissed

S.N.B.Arun Balaji @ Damodaran v. K.Jayalakshmi @ Rajathi Arun

2019-02-19Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.02.2019 Coram:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.(PD)No.337 of 2013 and M.P.No.1 of 2013 S.N.B.Arun Balaji @ Damodaran ..

Petitioner versus K.Jayalakshmi @ Rajathi Arun Balaji ..

Respondent PRAYER: Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, against the order dated 11.08.2012 made in I.A.No.1435 of 2011 in O.S.No.3132 of 2010 on the file of the learned II Additional Family Judge, Chennai.

For Petitioner : No Appearance For Respondent : Mr.V.Balasubramanian for M/s.V.Balasubramanian & Associates

O R D E R

This Civil Revision Petition has been filed against the order dated 11.08.2012 made in I.A.No.1435 of 2011 in O.S.No.3132 of 2010 on the file of the learned II Additional Family Judge, Chennai.

2. When the matter is taken up for consideration, there is no representation on behalf of the revision petitioner.

3. In the last hearing i.e. on 07.02.2019, there is a specific direction by this Court to deposit the entire arrears before the trial Court, but the said order has not been complied with by the revision petitioner. It is seen that the revision petitioner has not paid any arrears or any amount whatsoever despite the direction of the trial Court.

4. It appears that the Execution Petition has also filed and the arrest has already been ordered and the execution could not be completed. Despite the direction by this Court, the amount has not been deposited by the revision petitioner. These facts will clearly indicate that the petitioner is interested only to drag on the proceedings and not to canvass the case on merits. Hence, the Civil Revision Petition is dismissed and the trial Court shall proceed the matter in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

19.02.2019 Speaking Order/Non Speaking Order Index : Yes / No Internet : Yes sri

To The II Additional Family Judge, Chennai.

N.SATHISH KUMAR, J., sri C.R.P.(PD)No.337 of 2013 and M.P.No.1 of 2013 19.02.2019