Madras High CourtCRP(MD)/102/2021disposed of

Chinna Alamelu @ Alamu Priya, v. N.Apalaniappan @ Ramesh,

2021-02-01Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P(MD)No.102 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P. (MD) No.102 of 2021 Chinna Alamelu @ Alamu Priya ... Petitioner/Petitioner -VsN.Palaniappan @ Ramesh ... Respondent/Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to issue a direction to dispose of E.P.No.29 of 2020 in H.M.O.P.No.74 of 2014 pending on the file of the Subordinate Court, Devakottai, Sivagangai District within the time as stipulated by this Court.

For Petitioner :

Mr.N.Ilango

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned Judge, Subordinate Court, Devakottai, Sivagangai District, to dispose of the case in E.P.No.29 of 2020 in H.M.O.P.No.74 of 2014, on the file of the Subordinate Court, Devakottai, Sivagangai District, within the time stipulated by this Court.

2. The learned counsel for the revision petitioner would submit that the revision petitioner marriage was solemnized with the respondent on 04.12.2008. Since, no child was born to them, they are living separately from the month of September 2012 onwards. Thereafter, the revision petitioner filed a divorce case before the Subordinate Court, Devakottai, in H.M.O.P.No.74 of 2014 to dissolve the marriage solemnized on 04.12.2008 and the same was granted on 03.12.2017. Challenging the same, the respondent herein filed an appeal in H.M.C.M.A.No.2 of 2017 and it was dismissed on 13.01.2020. Subsequently, the revision petitioner has filed I.A.No.1 of 2019 in H.M.C.M.A.No.2 of 2017, on the file of the Principal District Court, Sivagangai, seeking a direction to return her jewels, money and sridhana articles and the same was allowed on 13.01.

2020 and so far, no appeal has been preferred by the respondent. The grievance of the petitioner is that, the revision petitioner has filed E.P.No.29 of 2020 before the Subordinate Court, Devakottai to execute the order passed in I.A.No.1 of 2019 and the respondent appeared before the Court through his counsel and getting number of adjournments. Hence, the petitioner is constrained to move the present revision petition before this Court for getting speedy disposal of E.P.No.29 of 2020 in H.M.O.P.No.74 of 2014.

3. Since this Civil Revision Petition is filed for early disposal of E.P.No.29 of 2020 in H.M.O.P.No.74 of 2014, no notice is https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.102 of 2021 necessary to the respondent herein.

4. Considering the facts and circumstances of the case, this Court feels that ends of justice would be met by directing the Court below to dispose of the petition in E.P.No.29 of 2020 in H.M.O.P.No.74 of 2014 within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Subordinate Judge, Devakottai to dispose of the petition in E.P.No.29 of 2020 in H.M.O.P.No.74 of 2014, on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To The Subordinate Judge, Devakottai , Sivagangai District.

Copy to:- The Registrar(Judicial) Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.N.TAMILMANI, Advocate ( SR-2902[F] dated 02/02/2021 ) C.R.P. (MD) No.102 of 2021 01.02.2021 (DKS)CO AP(10/02/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2