Arunachalam Nagarajan v. Krishnaveni. A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 19.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.4655 of 2023 Arunachalam Nagarajan ... Petitioner Vs.

Krishnaveni ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Principal District and Sessions Judge, Thiruvallur to dispose of the G.W.O.P.No.676 of 2021, within a stipulated time frame as fixed by this Court.

For Petitioner : Mr. G.Anto Princie

ORDER

This Civil Revision Petition has been filed to direct the learned Principal District and Sessions Judge, Thiruvallur to dispose of the G.W.O.P.No.676 of 2021, within a time frame as fixed by this Court.

2. On perusal of the records, it shows that the petitioner herein has

filed the above petition to grant custody of his minor child Adhithya to him till the child attained majority. According to the petitioner, a case in HMOP No.918/2021 seeking divorce has also been filed by him and is pending. The case history of GWOP No.676/2021 shows that, notice was served to the respondent and paper publication was effected. Thereafter, enquiry was commenced on 18.08.2022 and PW1 was examined on 19.04.2023 and for cross examination of PW1, the case is pending from 30.06.2023. In such circumstances, the petitioner sought direction of this court to the Trial Judge for speedy disposal of the case within a time frame.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Futher, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the

above court is 1201.

5. Considering the pendency of the cases and also taking note of the fact that the family dispute is pending from the year 2021 among the parties, the learned Principal District and Sessions Judge, Thiruvallur is directed to dispose of the GWOP No.676/2021, as early as possible.

6. Witht the above direction, the Civil Revision Petition is disposed of. No costs.

19.01.2024 Index:Yes/No Internet:Yes/No mst To The Principal District and Sessions Judge, Thiruvallur.

V.SIVAGNANAM , J.

mst CRP No.4655 of 2023 19.01.2024