N.Subramani v. M.Kavitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and M.P.No.1 of 2013 N.Subramani .. Petitioner Vs.

1.M.Kavitha 2.M.Kavitha .. Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 23.07.2013 in I.A.No.79 of 2013 in O.S.No.45 of 2011 on the file of the Principal District Munsiff cum Judicial Magistrate, Vanniyambadi, Vellore. For Petitioner : Mr.S.S.Raghavan For R1 : Mr.K.R.S.Uday for M/s.Karan & Uday For R2 : No appearance

O R D E R

The matter is heard through Video Conferencing. 1/3

2.When the matter is taken up for hearing, the learned counsel appearing for the 1st respondent submitted that when the I.A.No.79 of 2013 in O.S.No.45 of 2011 was taken up by the Trial Court, the petitioner did not subject himself for DNA test inspite of so many opportunities given to him. The learned Judge recording the same, closed the petition holding that adverse inference will be drawn against the petitioner in the suit. The learned counsel further submitted that in view of petition being closed, the present Civil Revision Petition has become infructuous.

3.In view of the above, the Civil Revision Petition dismissed as infructuous. The suit is of the year 2011. Hence, the learned Judge is directed to dispose of the suit as expeditiously as possible, in any event, not later than six months from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 30.09.2020 krk Index : Yes / No Internet : Yes / No To The Principal District Munsiff cum Judicial Magistrate, Vanniyambadi, 2/3

Vellore.

V.M.VELUMANI, J.

krk and M.P.No.1 of 2013 30.09.2020 3/3