Madras High CourtCRP(MD)/2173/2016disposed of

Minu Choudary, v. B.Manavalan,

2016-10-26Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P.(NPD)No.2173 of 2016 and C.M.P.(MD)No.10114 of 2016 Minu Choudary .. Petitioner/Respondent/Wife Vs.

B.Manavalan .. Respondent/Petitioner/ Husband PRAYER: Petition is filed under Article 227 of Constitution of India, to call for the records relating to the H.M.O.P.No.94 of 2014 on the file of the Subordinate Court, Theni and to set aside the order passed on 21.09.2016.

For Petitioner : Mr.D.Malaichamy ***

O R D E R

The petitioner has filed the present Civil Revision petition before this Court, against the order passed by the learned Subordinate Judge, Theni, in H.M.O.P.No.94 of 2014, dated 21.09.2016.

2. Heard the learned counsel for the petitioner and perused the records.

3. Admittedly, the petitioner has filed the present Civil Revision petition on 17.10.2016, against the order passed in H.M.O.P.No.94 of 2014, dated 21.09.2016. According to him, the present Civil Revision petition has been filed within thirty days from the date of the order passed in H.M.O.P. Therefore, in view of the event of filing any application before the Subordinate Court, Theni by the petitioner, the Subordinate Court, Theni, by taking into consideration of the period in which the petitioner has filed the present Civil Revision petition, can be excluded for the purpose of counting the limitation period. https://hcservices.ecourts.gov.in/hcservices/

4. The Civil Revision petition is disposed of with observation that if any such application is being filed by the petitioner within a period of one week from the date of receipt of a copy of this order, the Subordinate Court, Theni, shall entertain the application and decide the issue on merits and in accordance with law. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To The Subordinate Judge, Theni.

+1CC to M/S. D.Malaichamy, Advocate, SR.No. 63864 C.R.P.(NPD)No.2173 of 2016 and C.M.P.(MD)No.10114 of 2016 26.10.2016 pmu AM/SS3/AR CS-II/21.11.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/