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Madras High CourtCRP/3067/2023disposed of

Pardini Florence Hassina v. Mohammed Yasir Arafath

2024-01-08Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRP No.3067 of 2023 Pardini Florence Hassina ... Petitioner Vs.

1.Mohammed Yasir Arafath 2.H.Sirajudeen 3.Jasmeen

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order in O.S.Sr.No.3329 of 2023 dated 17.06.2023 returning O.S.Sr.No.3329 of 2023 filed on 14.06.2023 on the file of the Principal Judge Family Court, Chennai. For Petitioner : Mr.Hari Krishnan

O R D E R

This Civil Revision Petition has been filed to set aside the order in O.S.Sr.No.3329 of 2023 dated 17.06.2023, returning O.S.Sr.No.3329 of 2023 filed on 14.06.2023, on the file of the Principal Judge Family Court, Chennai.

2. The petitioner herein is the plaintiff/wife in O.S.SR No.3329 of 2023, who has filed the suit through her power of attorney for return of the jewels from the respondent husband. The papers in the suit were returned with the following endorsement:

" 1.Petition to be filed by petitioner only 2.Sufficient court fees to be affixed 3.Address proof to be filed by the petitioner 4.Clean copy and fresh docket to be filed Hence this return time for one month."

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. It is noticed that the trial court has granted one month' time to the petitioner to represent the suit. The petitioner, without representing the suit, has filed the present civil revision petition.

5. In view of the above, this civil revision petition is disposed of with liberty to the petitioner to represent the papers in the suit before the Trial Court. The Trial Court is directed to consider the suit on merit and dispose it of. There will be no order as to costs.

6. Registry is directed to return the original papers to the petitioner's counsel.

08.01.2024 Index: Yes/No Internet: Yes/No mrn

To

1. The Principal Judge Family Court, Chennai.

V.SIVAGNANAM, J., mrn CRP No.3067 of 2023 08.01.2024