Madras High CourtCRP/4239/2017disposed of

R. Babu v. J. Mohana Jothi @ Jothi

2017-11-21Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR C.R.P.(P.D.) NO.4239 of 2017 Mr. R. Babu ..Petitioner Vs.

Mrs. J. Mohana Jothi @ Jothi ..Respondents Prayer:The Civil Revision Petition is filed under Section 227 of the Constitution of India, seeking indulgence of this Hon'ble Court for a direction, directing the Hon'ble Sub-Ordinate Court, Tambaram, to dispose the H.M.O.P. No.552 of 2015 pending on the file of Subordinate Court, Tambaram within the time fixed by this Hon'ble Court.

For Petitioner : M/s. M. Bhuvaneswari

ORDER

This Civil Revision Petition is filed for a direction to dispose the H.M.O.P. No.552 of 2015 pending on the file of Sub-Ordinate Court, Tambaram.

2. The petitioner has earlier filed H.M.O.P. No.552 of 2015 before the Sub-Ordinate Court, Tambaram, to dissolve the marriage solemnised between the petitioner and the respondent in the year 2015.

D.KRISHNAKUMAR.J, lbm

3. The learned Counsel for the petitioner submitted that the H.M.O.P. No.552 of 2015 is adjourned from time to time for several hearings and I.A. No.165 of 2017 is also pending. Already two years passed, the Sub-Court has kept pending the said H.M.O.P.

4. On perusal of the record, the H.M.O.P. No.552 of 2015 and I.A. No.165 of 2017 has been filed by the petitioner and the same is pending before the Sub-Court, Tambaram. In the interest of justice, the Court below is directed to dispose of the I.A. No.165 of 2017 within a period of 6 weeks from the date of receipt of a copy of this order. Thereafter, the Court below is directed to dispose of the main O.P. as expeditiously as possible.

5. With the above direction, the Civil Revision petition is disposed of accordingly. No Costs.

21.11.2017 Index: Yes/No Speaking/Non-speaking order lbm C.R.P.(P.D.) NO.4239 of 2017

CRP. (PD) No.4239 of 2017 D.KRISHNAKUMAR,J.

Today, the matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner has submitted that due to inadvertance, I.A.No.178 of 2017 has not been mentioned in the order copy. Therefore, prayed to amend paragraph No.3 and 4, by including I.A. No.178 of 2017, along with I.A. No.165 of 2017, which is also pending before the court below. The Court below is directed to dispose of both the I.A. Nos.165 of 2017 and I.A. No.178 of 2017, on merits, within a period of six weeks from the date of receipt of copy of this order.

3. In view of the above request made by the learned counsel for the petitioner, the order dated 21.11.2017 is modified as prayed for. The Registry is directed to issue a fresh order copy after making the above corrections.

11.01.2018 RKP

D.KRISHNAKUMAR,J.

RKP CRP. (PD) No.4239 of 2017 11.01.2018