Sangilikalai v. Gurulakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.911 of 2017 Sangilikalai

...Petitioner/Petitioner

Vs.

Gurulakshmi

...Respondent/Respondent

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Court, Srivilliputhur to dispose the case in H.M.O.P.No.225 of 2010 within the period that may be stipulated by this Court.

For Petitioner : Mr.R.Gandhi

O R D E R

This Civil Revision Petition is filed for a direction to the Sub Court, Srivilliputhur to dispose the case in H.M.O.P.No.225 of 2010 within stipulated period that may be fixed by this Court. 2.The petitioner/husband has filed a petition in H.M.O.P.No.225 of 2010 before the Sub-Court, Srivilliputhur, for divorce. The said H.M.O.P., has been filed in the year 2010 and the same is pending for more than 8 years without any further proceedings. Therefore, the petitioner has approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the learned Subordinate Judge, Srivilliputhur, to dispose of the H.M.O.P.No.225 of 2010, within a particular period.

3. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

4.The H.M.O.P.No.225 of 2010 has been filed in the year 2010 and for more than 8 years, it was continuously adjourned. It is seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned periodically for enquiry.

5. Since the petitioner has sought for a limited prayer for early disposal of the H.M.O.P, no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. It is an admitted fact that the H.M.O.P, is pending from 2010 onwards, but the learned Subordinate Judge, Srivilliputhur, has not https://hcservices.ecourts.gov.in/hcservices/

taken any action to dispose of the H.M.O.P., which is pending for more than 8 years. Therefore, I am inclined to pass the following order:

The learned Subordinate Judge, Srivilliputhur, is directed to dispose of the H.M.O.P.No.225 of 2010 within a period of three months from the date of receipt of a copy of this order, and conduct hearing on day-to-day basis without giving any adjournment to either parties. The parties are also directed to give their fullest co-operation for early disposal of the said H.M.O.P, within the time limit fixed by this Court for passing orders. The learned Subordinate Judge, Srivilliputhur, is directed to file a compliance report before this Court within a period of ten days after passing orders in H.M.O.P.No.225 of 2010.

6. The Civil Revision Petition is disposed of, with the above directions. No costs.

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar(CS-III) To The Subordinate Judge, Srivilliputhur.

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

C.R.P.(PD)(MD)No.911 of 2017 20.07.2018 NS KK/MMS/SAR-3/10.08.2018/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/