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Madras High CourtCRP/4706/2023allowed

Arunachalam Nagarajan v. Krishnaveni

2024-01-19Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 19.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.4706 of 2023 Arunachalam Nagarajan ... Petitioner Vs.

Krishnaveni ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Subordinate Judge, Poonamalee to dispose of the HMOP No.918/2021, within a stipulated time frame, fixed by this Court. For Petitioner : Mr. G.Anto Prince

ORDER

This Civil Revision Petition has been filed to direct the learned Subordinate Judge, Poonamalee to dispose of the HMOP No.918/2021, within a stipulated time frame, as fixed by this Court.

2. The petitioner herein has filed the above petition for divorce against

the respondent. The Case History shows that the matter was referred to Lok adalat and thereafter, await for report from the mediation Centre. Subsequently, the respondent was set exparte and the petition filed under Order 9 Rule 7 of CPC was returned and now, the case is pending for filing counter. 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. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the Family Court, Chennai is 1217.

5. Considering the pendency of the cases and also taking note of the fact that family dispute is pending from the year 2021 among the parties, the

learned Subordinate Judge, Poonamallee is directed to dispose the HMOP No.918/2021 as early as possible.

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

19.01.2024 Index:Yes/No Internet:Yes/No mst To The Subordinate Judge, Poonamallee.

V.SIVAGNANAM , J.

mst CRP No.4706 of 2023 19.01.2024