Madras High CourtCRP/4964/2023disposed of

Karpagavalli @ Kala v. R.Nirmal Raj

2023-12-22Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 4964 of 2023 Karpagavalli @ Kala

...Petitioner

Vs.

R.Nirmal Raj ....Respondent PRAYER : This petition filed under Article 227 of the Constitution of India, to direct the learned subordinate judge, Alandur to dispose HMOP No. 1717 of 2021 within a stipulated period of time to be fixed by the Hon'ble Court.

For Petitioner : Mr.A.Arun

ORDER

This petition has been filed to direct the learned subordinate judge, Alandur to dispose HMOP No. 1717 of 2021 within a stipulated period of time to be fixed by this Court.

2. The learned counsel for the petitioner submit that the respondent is not cooperate for the HMOP proceedings and seeking unnecessary adjournments. Further, the petitioner was partly cross examined by the respondent and thereafter only adjournments were taken by the respondent to cross examine the petitioner and on 21.09.2023 the respondent's chance for cross examination of the petitioner was closed. Again, the respondent filed the petition to recall and reopen the petitioner's evidence. Hence, the petitioner this petition for speedy disposal.

3. Considering the fact of the case, the petitioner is living with her son and the case is pending for more than 7 years. Hence, the Trial Court is directed to dispose of the HMOP No. 1717 of 2021 within a period of three months from the date of receipt of a copy of this Order. Further, Trial Court is directed to re-call and reopen the petitioner's evidence and also the respondent is directed to cross examine the petitioner on 18.01.2024.

4. In the result, this Civil Revision Petition is disposed of. No cost. 22.12.2023 pbl Note: Issue order copy on or before 03.01.2024.

T.V.THAMILSELVI,J.

Pbl To

1. The subordinate judge, Alandur CRP No. 4964 of 2023 22.12.2023