Madras High CourtCRP(MD)/74/2017disposed of

R.Muthukumar v. Thangabanumathy

2017-01-12Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI CRP (MD).No.74 of 2017 and CMP(MD).No.277 of 2017 R. Muthukumar : Petitioner Vs.

1. Thangabanumathy

2. Kannan : Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the adjournment order dated 16.12.2016 in memo filed in I.A.No.242 of 2016 in HMOP.No.22 of 2012 on the file of the III Additional Sub Court, Madurai. For Petitioner : Mr.G. Prabhu Rajadurai

ORDER

This Civil Revision Petition is filed against the adjournment order dated, 16.12.2016 in memo filed in I.A.No.242 of 2016 in HMOP.No.22 of 2012 on the file of the III Additional Sub Court, Madurai.

2. The petitioner is the husband. He filed HMOP.No.22 of 2012 against the respondent for divorce. The respondent filed I.A.No.242 of 2016 for obtaining opinion of handwriting expert. The said application was allowed on 04.10.2016 appointing an Advocate Commissioner. The petitioner filed a memo dated, 16.12.2016 stating that documents containing admitted handwriting of the petitioner was not handed over to the expert opinion directly by the Advocate Commissioner. Therefore, he has filed a memo for permission to write before handwriting expert and hand over the same for comparison. The learned Judge posted the memo on 20.12.2016 for objection by respondent. The petitioner is challenging the said order, filed the present revision.

3. I have heard the learned counsel appearing for the petitioner and perused the materials available on record.

4. The learned Judge has not committed any error directing the respondent to file their objection. Without hearing other side no valid order can be passed.

https://hcservices.ecourts.gov.in/hcservices/

5. In the circumstances, the Civil Revision Petition is disposed of directing the learned III Additional Subordinate

Judge, Madurai to decide the memo filed by the petitioner within a week from the date of receipt of a copy of this order, after hearing the parties. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar( CO) /True Copy/ Sub Assistant Registrar To The III Additional Sub Court, Madurai.

+1cc to Mr.G. Prabhu Rajadurai,Advocate in SR No 2631 trp MS/EMMPA/SAR I/23.01.2017/2p.3c CRP (MD).No.74 of 2017 and CMP(MD).No.277 of 2017 12.01.2017 https://hcservices.ecourts.gov.in/hcservices/