M.Sivabalan, v. Yobaswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2017 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRP(MD)(PD)NO.486 of 2017 M.Sivabalan .. Petitioner/Respondent Vs.

Yobaswari .. Respondent/Petitioner PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to pass suitable direction and speedy disposal of the Petition in H.M.O.P.No.26/2016 on the file of Sub Court, Ramanathapuram within a stipulated time. . For Petitioner : Mr.M.Sivabalan (party in person)

O R D E R

The Revision Petitioner appeared in person represents that the petitioner in H.M.O.P. is not regular in appearing before the court and due to her non-appearance, the disposal of O.P. is getting delay. "B" diary extract perused. On 17.02.2017, when the matter was listed before the Sub court, Ramanathapuram, the learned Judge is recorded as under:

"17.02.2017 Enquiry Respondent present.

No representation on petitioner. Since petitioner is called absent, petition filed by the respondent for appearance of respondent."

On perusal of this adjudication, this Court finds that the Court has taken note of the absence of the respondent herein and adjourned the case to 24.03.2017. At this juncture, this Court is of the opinion that it is too premature to give any direction to the trial Court to expedite the proceedings, since there is no indication that unduly the matter is delayed. If the petitioner finds that no progress in the trial is made, in future, he can revive the application at that point of time with the relevant facts.

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2.Accordingly, this civil revision petition is dismissed. No costs.

Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, Ramanathapuram + 1 cc to M/S.M.SIVABALAN, Advocate SR.No.13911 CRP(MD)(PD)NO.486 OF 2017 10.03.2017 SMA/SKN-RSK/20.03.2017:2P/3C https://hcservices.ecourts.gov.in/hcservices/