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Madras High CourtCRP/2195/2022disposed of

U.Ragavendran v. B.Radha

2022-07-18Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA U.Ragavendran ...

Petitioner versus B.Radha ...

Respondent PRAYER: Civil Revision Petition has been filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Paramathy, to dispose of the docket order in I.A.No.1 of 2022 in H.M.O.P.No.56 of 2018, within a time frame manner.

For Petitioner : Mr.M.I.Javid Akbar

O R D E R

This Civil Revision Petition has been filed seeking for a direction to the learned Subordinate Judge, Paramathy, to dispose of the docket order made in I.A.No.1 of 2022 in H.M.O.P.No.56 of 2018. 1/4

2.

The revision petitioner is the husband, who has filed H.M.O.P.No.56 of 2018 for restitution of conjugal rights. The respondent/wife made her appearance and after filing counter she did not pursue the matter and hence, she was set ex parte. Thereafter, the respondent/wife has filed a petition in I.A.No.1 of 2022 to set aside the ex parte decree passed in H.M.O.P.No.56 of 2018. 3.

The learned counsel for the petitioner submitted that despite the revision petitioner/husband has filed his counter, the respondent/wife is delaying the proceedings without any reasons. 4.

It is seen from the adjudication that the matter has reached the stage of counter. The learned counsel for the revision petitioner submitted that he is ready with the counter but the matter has been adjourned to a long date. It is open to the petitioner to file a petition to advance the hearing and file his counter and pray the Court to hear the matter at an early date. In the event of such petition being filed by the petitioner, the learned trial Judge shall advance the hearing to a convenient date and dispose the application at the earliest. 2/4

5.

This Civil Revision Petition is disposed of and the learned Subordinate Judge, Paramathy, is directed to dispose of the Interlocutory Application in I.A.No.1 of 2022 in H.M.O.P.No.56 of 2018 of 2018 as expeditiously as possible. No costs.

18.07.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri To The Subordinate Judge, Paramathy.

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R.N.MANJULA , J.

sri 18.07.2022 4/4