Madras High CourtCRP(MD)/953/2022dismissed

Bala Vignesh Kumar v. Sivakami

2022-04-26Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.953 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No.953 of 2022 Bala Vigneshkumar .. Petitioner/Petitioner Vs.

Sivakami .. Respondent/Respondent Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Principal Sub Court, Kumbakonam to dispose the HMOP.No.105 of 2018 on the file of the Principal Sub Court, Kumbakonam as expeditiously as possible within a time frame as stipulated by this Court.

For Petitioner : Mr. K.M.Subramaniam

ORDER

The revision petitioner / husband has filed this revision for issuing a direction to the Principal Sub Court, Kumbakonam to dispose the HMOP.No.105 of 2018, pending on its file within a time frame as stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner. Since no adverse order passed against the respondent no notice is necessary to the respondent.

3. On perusal of the " B" diary extract it is seen that PW.1 filed a proof only on 11.12.2020 and thereafter, the matter was posted for cross examination on 18.12.2020. PW.1 was absent on 18.12.2020 and 08.01.2021 and thereafter, he was appeared on 22.01.2021. At his request, the matter was adjourned on 17.02.2021, but, he was continuously absent on 17.02.2021, 16.04.2021, 08.10.2021 and now, the matter is pending before the Mediation. In such circumstances, the petitioner has filed the present revision seeking early disposal of the case in HMOP.No.105 of 2018, pending on the file of the Principal Sub Court, Kumbakonam.

4. Only due to the absence of the petitioner, the matter is pending from the year 2018 and now, it is also pending before the Mediation. So, the trial Court cannot proceed with the trial. Since the petitioner has filed this revision without any proper reason, this Court is inclined to dismiss the revision with exemplary cost of Rs.5,000/-.

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C.R.P(MD).No.953 of 2022

5. Accordingly, this Civil Revision Petition is dismissed. The petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the respondent within a period of two weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Principal Sub Judge, Kumbakonam CRP(MD).No.953 of 2022 26.04.2022 MGJ(25.05.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2