Madras High CourtCRP(MD)/707/2017disposed of

C.R. Balaji v. Gayathri

2017-04-07Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P.(MD).No.707 of 2017 C.R.Balaji ... Petitioner / Petitioner Vs.

Gayathri ... Respondent / Respondent Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Subordinate Court, Vedasandur to expedite the disposal of the petition in H.M.O.P.No.31 of 2016 to pass an order within a period as fixed by this Court.

For Petitioner : Ms. K.Vidya

ORDER

The grievance of the revision petitioner is that the respondent, who is wife of the revision petitioner, is residing separately with her 4 1⁄2 years old child. Hence, he has filed a petition for restitution of conjugal rights before the Subordinate Court, Vedasandur. The respondent herein received notice and filed vakalat through her counsel but, so far no counter has been filed, on the other hand, on her side, unnecessary and unreasonable adjournment has been sought causing undue hardship to the petitioner. Therefore, the petitioner seeks indulgence of this court to direct the Subordinate Court, Vedasandur, to dispose of the H.M.O.P.No.31 of 2016, pending on its file, as expeditiously as possible within the time frame fixed by this court. A Perusal of the Diary extract indicates that the respondent was served with notice for hearing on 19.10.2016 and she has entered appearance through her counsel by name R.Karthikeyan. Thereafter, the case has been adjourned on several occasions for filing counter.

2. The learned counsel for the revision petitioner would submit that till date, the respondent has not filed the counter and the next hearing date is 12.04.2017. Having regard to the above submission, this court is of the opinion that it is suffice to direct the learned Subordinate Judge, Vedasandur, to proceed with the H.M.O.P.No.31 of 2016 and dispose of the same as expeditiously as possible preferably within a period of Six months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, the Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To Sub Court, Vedasandur +1 CC to Mr.J.Lawrance, Advocate, SR No. 51266 SM/CP PSM/MMS/05.05.2017/2P/3C C.R.P.(MD)No.707 of 2017 07.04.2017 https://hcservices.ecourts.gov.in/hcservices/