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Madras High CourtCRP/429/2018dismissed

G. Baskar v. B. Sharmila

2018-02-08Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2018

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.PD.No.429 of 2018 G.Baskar .. Petitioner Vs.

B.Sharmila ..Respondent PRAYER:The Civil Revision Petition is filed under Section 227 of the Constitution of India to set aside the decree and Judgment dated 18.08.2017 made in I.A.No.31 of 2017 in HMOP.No.502 of 2012 on the file of the Sub Court, Tambaram.

For petitioner : Mr.D.Jawahar

ORDER

This civil revision petition has been filed to set aside the decree and Judgment passed by the learned Sub Judge, Tambaram dated 18.08.2017 made in I.A.No.31 of 2017 in HMOP.No.502 of 2012

2. According to the petitioner, the respondent has filed the application in I.A.No.31 of 2017 in HMOP.No.502 of 2012 on the file of the Sub Court, Tambaram to direct the petitioner herein to pay a sum of Rs.25,000/- towards litigation expenses to the respondent to conduct the main O.P and the same was dismissed by the Court below. Challenging the order passed by the Court below, the petitioner has filed the present civil revision petition before this Court.

3. It is seen from the records that the Court below, after considering both the parties, has allowed the application by holding that the petitioner produced family income certificate dated 07.03.2017 issued by the Zonal Deputy Tahsildar, Tambaram Taluk. The said income certificate has been given as the petitioner's family income by way of farmers, fisherman, Hunters, Loggers etc and related workers and the total income has been shown as Rs.72,000/- per annum. The said document cannot be decided the income of the petitioner. However, in the interest of Justice, the Court below has awarded a sum of Rs.5,000/- towards litigation expenses to the respondent.

4. In view of the above, there is no reason to interfere with the order passed by the Court below. Hence, this civil revision petition fails dismissed.

08.02.2018 Index : Yes/No Internet: Yes/No kkd To The Sub Court, Tambaram.

D.KRISHNAKUMAR. J, kkd CRP.PD.No.429 of 2018 08.02.2018