S.Thavamani v. Poonkodi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Thavamani ..

Petitioner Vs.

Poonkodi ..

Respondent Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Principal Subordinate Judge, Thiruppur to expedite the trial with respect of HMOP No.264 of 2017 and dispose of the suit within the time frame by this Hon'ble Court and allow the above C.R.P and pass such further or other orders as may be deemed fit and proper. For Petitioner : Mr.R.Nalliyappan For Sole Respondent : Mr.L.Mouli

ORDER

This Civil Revision Petition has been filed to direct the learned Principal Subordinate Judge, Thiruppur to expedite the trial with respect of HMOP No.264 of 2017.

2. The learned counsel for the respondent would submit that the petitioner filed a petition for divorce on the ground of cruelty. Thereafter, the divorce petition before the Sub Court, Tiruppur has been transferred to Family Court, Tiruppur and renumbered as HMOP.No.167 of 2020. It was dismissed for default on 26.09.2022. Thereafter, the petitioner filed an application in I.A.No.3 of 2022 to restore the divorce petition. Pending restoration petition, the petitioner again filed a transfer petition before the Principal District Judge, in Tr.O.P.No.116 of 2022 to transfer the HMOP from the Family Court, Tiruppur to Family Court, Palladam. It is also pending.

3. Therefore, the prayer sought for in this petition cannot be granted, since the petitioner has filed so many petitions and they are pending and this petition is liable to be dismissed.

4. Accordingly, this Civil Revision Petition is dismissed. No costs. 10.02.2023 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No mn

G.K.ILANTHIRAIYAN,J.

mn To The Principal Subordinate Judge, Thiruppur.

10.02.2023