S.Priya v. K.Senthilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH C.R.P. (PD) Nos. 3087 & 3088 of 2018 and C.M.P. No. 17833 of 2018 S.Priya

...Petitioner in all CRPs

Vs K.Senthil Kumar

...Respondent in all CRPs

Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India against fair and decretal order in I.A.Nos.55 & 56 2018 in H.M.O.P.No.32 of 2013 dated 01.09.2018 on the file of the Subordinate Judge, Madurantakam and to set aside the same.

For Petitioner : Ms.R. Sripriya for Mr.V.Raghavachari in all CRPs For Respondent : Mrs.R. Meenal in all CRPs C O M M O N O R D E R This Court has already disposed of the Civil Revision Petitions on 08.01.2019 and this Court has not signed the order on that day, as there was some clarifications. Accordingly, the Civil Revision Petitions are listed today under the caption for "being spoken to".

2. Heard Ms.R.Sripriya, learned counsel appearing for the petitioner and Mrs.R.Meenal, learned counsel appearing for the respondent.

3. The learned counsel for the petitioner had raised several grounds challenging the dismissal of the petitioner's application filed under Order 18 Rule 17 of Civil Procedure Code to recall PW1 for the purpose of further chief examination.

4. Today, when the matter was called, the learned counsel for the respondent submitted that she has no objection, if the petitioner's application in I.A.Nos.55 and 56 of 2018 filed under Order 18 Rule 17 is allowed and that if the trial Court is directed to conclude the proceedings within stipulated time, they would be satisfied.

5. Accordingly, the order passed in I.A.Nos.55 and 56 of 2018 dated 01.09.2018 is set aside. Consequently, the learned Subordinate Judge, Madurantakam, is called upon to permit the petitioner herein to recall PW1 for the purpose of further chief examination.

6. Since, the main petition is pending from the year 2013 onwards, the learned Subordinate Judge, Madurantakam shall endeavour to complete the

proceedings in HMOP.No.32 of 2013, as expeditiously as possible, in any event, within a period of 30 days from the date of receipt of copy of this order.

7. With the above directions, the Civil Revision Petitions stand allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 10.01.2019 Index: Yes/No Speaking Order: Yes/No hvk To The Subordinate Judge, Madurantakam.

M.S.RAMESH.,J hvk C.R.P. (PD) Nos. 3087 & 3088 of 2018 and C.M.P. No. 17833 of 2018 10.01.2019