K. Gowrisankar v. Thirunilainayaki

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.09.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN K.Gowrisankar ... Petitioner Vs.

Thirunilainayaki ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the impugned docket order passed by the learned Family Court Judge, Erode, vide docket order dated 16.07.2024 passed in I.A.(SR).No.4175 of 2024 in F.C.O.P.No.643 of 2023.

For the Petitioner :

Mr.G.V.Mohan Kumar

ORDER

This Civil Revision Petition arises out of the docket order dated 16.07.2024 passed in I.A.(SR).No.4175 of 2024 in F.C.O.P.No.643 of 2023 on the file of the Family Court, Erode.

2. Heard, Mr.G.V.Mohan Kumar, learned counsel for the petitioner and perused the material records.

Page No.1 of 3

3. The High Court is not a process server for the Family Court.

4. The Civil Revision Petitioner appears to be attempting to obtain a decree through substituted service. However, none of the proceedings that have been referred before me shows that the plaintiff has paid batta and the summons have been returned as unserved.

5. Unless and until summons have been returned as unserved, when sent to the correct address of the respondent, substituted service cannot be ordered.

6. The impugned order is not capable of being revised. Accordingly, this Civil Revision Petition stands dismissed. No costs. 05.09.2024 Jer Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order To The Judge Family Court, Erode.

Page No.2 of 3

V.LAKSHMINARAYANAN, J., Jer 05.09.2024 Page No.3 of 3