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Madras High CourtCMP(MD)/1708/2025dismissed

V.N.Vinoth Kumar v. P.Puvairasu

2025-02-04Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.M.P(MD)No.1708 of 2025 and C.R.P(MD)No.253 of 2025 V.N.Vinoth Kumar ... Petitioner (In CMP & CRP) Vs.

P.Puviarasi ... Respondent (In CMP & CRP) PRAYER in C.M.P(MD)No.1708 of 2025: Civil Miscellaneous Petition is filed under 151 of Civil Procedure Code, to amend the case number in HMOP as H.M.O.P.No.328 of 2024 on the file of the Learned Family Court, Tiruchirappalli instead of H.M.O.P.No.418 of 2023 on the file of the Learned Family Court, Tiruchirapalli in CRP(MD)No.253/2025. PRAYER in C.R.P(MD)No.253 of 2025: Civil Revision Petition is filed under Article 227 of Constitution of India, to issue a direction to the Learned Family Court, Tiruchirapalli to expedite the trial in 1/5

H.M.O.P.No.418 of 2023 and conclude the trial proceedings within a time stipulated by this Court.

For Petitioner : Mr.V.Sasi Kumar

ORDER

The present application has been filed seeking to amend the grounds of revision petition so as to substitute H.M.O.P.No.328 of 2024 in the place of H.M.O.P.No.418 of 2023.

2. According to the learned counsel appearing for the petitioner, the petitioner herein had initially filed H.M.O.P.No.418 of 2023 before Family Court, Dindigul. At the instance of the wife, it was transferred to Family Court, Tiruchirappalli and renumbered as H.M.O.P.No.328 of 2024.

3. The petitioner herein had filed the above revision petition seeking expeditious disposal of H.M.O.P. However, instead of mentioning H.M.O.P.No.328 of 2024, erroneously H.M.O.P.No.418 of 2/5

2023 has been mentioned. Hence, the amendment application.

4. Instead of allowing the amendment application, this Court is of the opinion that the petitioner could be permitted to withdraw the present revision petition with liberty to file a fresh revision petition seeking expeditious disposal of H.M.O.P.No.328 of 2024. The learned counsel for the petitioner had also made an endorsement to withdraw the case.

5. With the said observation, this Civil Miscellaneous Petition stands dismissed and the Civil Revision Petition stands dismissed as withdrawn with above said liberty. No costs.

04.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg Note : (i) Registry is directed to return the original impugned order to the counsel for the petitioner.

(ii) Issue Order Copy on 05.02.2025.

To 3/5

1.The Family Court, Tiruchirappalli.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, English Records Section, Madurai Bench of Madras High Court, Madurai.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in C.M.P(MD)No.1708 of 2025 and C.R.P(MD)No.253 of 2025 04.02.2025 5/5