Madras High CourtCRP(MD)/2449/2013dismissed as infructuous

S.Kumaran, v. B.Rajeswari,

2020-03-11Honourable Mrs Justice R. Tharani2 pages

C.R.P(MD)Nos.2449 & 2450 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2020

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI C.R.P(MD)Nos.2449 & 2450 of 2013 S.Kumaran ... Petitioner in both C.R.Ps Vs.

B.Rajeswari ... Respondent in both C.R.Ps.

Prayer in C.R.P.(MD)No.2449/2013: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Subordinate Judge, Sivagangai, to dispose of H.M.O.P.No.48 of 2003 on the file of the Sub-Court, Sivagangai, within a reasonable time after getting an opinion of the Dean, Madurai Medial College, as to the mental health fitness of the respondent as ordered in I.A.No.164 of 2003 in H.M.O.P.No.48 of 2003 on his file. Prayer in C.R.P.(MD)No.2450/2013: Civil Revision Petition filed under Article 227 of Constitution of India, against the order, dated 24.02.2005 made in I.A.No.164 of 2003 in H.M.O.P.No.48 of 2003 on the file of the Sub Court, Sivagangai.

(In both C.R.Ps) For Petitioner : Mr.S.Srinivasa Raghavan For Respondent : Mr.N.Murugesan COMMON ORDER The learned counsel for the petitioner and the learned counsel for the respondent are present.

2.On the side of the petitioner, it is stated that the old H.M.O.P. No.48 of 2003 was transferred from the Sub-Court, Sivagangai to the Family Court, Sivagangai and was re-numbered as H.M.O.P. No.27 of 2014 and also the old H.M.O.P.No.68 of 2003 was transferred from the Sub-Court, Sivagangai to the Family Court, Sivagangai and was re-numbered as H.M.O.P. No.28 of 2014 and both the H.M.O.P.s were dismissed for default on 16.12.2017 and hence, prayer sought for by the petitioner has become infructuous.

3. The learned counsel for the respondent also admits the facts.

4. Since both the H.M.O.P.s are already dismissed for default, nothing survives for adjudication in these petitions. Hence, these Civil Revision Petitions are dismissed as infructuous. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)Nos.2449 & 2450 of 2013 LS To 1.The Sub Court, Sivagangai.

2.The Family Court, Sivagangai.

3.The Section Officer, 2 COPIES VR Section, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.N.MURUGESAN, Advocate ( SR-11093[F] & 11094 C.R.P(MD)Nos.2449 & 2450 of 2013 11.03.2020 SMA/07/05/2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2