Madras High CourtCRP(MD)/1656/2018disposed of

Michale Norbert v. Michale Jenifer

2018-08-03Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1656 of 2018 Michale Norbert ... Petitioner/Petitioner Vs.

Michale Jenifer ... Respondent/Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to expedite the trial in IDOP No.13 of 2018 on the file of the Principal District Judge, Thoothukudi within stipulated time as may be fixed by this Court. For Petitioner : Mr.M.M.Manivel Pandian

O R D E R

This Civil Revision Petition is filed for a direction to expedite the trial in IDOP No.13 of 2018 on the file of the Principal District Judge, Thoothukudi within the stipulated time. 2.The petitioner has filed an application before the Principal District Judge, Thoothukudi, for divorce, against the respondent. The said IDOP has been filed in the year 2018 and the same is pending 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 Principal District Judge, Thoothukudi, to dispose of the IDOP No.13 of 2018, within a particular period.

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

4.The IDOP No.13 of 2018 has been filed in the year 2018 and it was continuously adjourned. It is seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned for filing counter.

5. Since the petitioner has sought for a limited prayer for early disposal of the IDOP, no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. It is an admitted fact that the IDOP is pending without any further proceedings, but, the Principal District Judge, Thoothukudi, has not taken any action to dispose of the IDOP, which is pending without any progress. Therefore, I am inclined to pass the following order:

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The Principal District Judge, Thoothukudi, is directed to dispose of the petition in IDOP No.13 of 2018 within a period of six months from the date of receipt of a copy of this order, 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 IDOP, within the time limit fixed by this Court for passing orders. The Principal District Judge, Thoothukudi, is directed to file a compliance report before this Court within a period of ten days after passing orders in the petition in IDOP No.13 of 2018.

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

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar(CS-III) To The Principal District Judge, Thoothukudi.

+1cc to Mr.M.M.Manivel Pandian, Advocate SR.No.77158 Ns MK/SKN/SAR 3/31.08.2018/2P/3C C.R.P.(PD)(MD)No.1656 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/