Madras High CourtCRP(MD)/864/2020dismissed

Durai Karunanidhi, v. Gomathi

2023-04-19Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Eighteenth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE N.SENTHILKUMAR CRP(MD). No.864 of 2020 Durai Karunanidhi ... Petitioner Vs 1 Gomathi 2 D. Sakratees ... Respondents Prayer :- This Civil Revision Petition is filed under Article 227 of the Constitution of India,to set aside the fair and decreetal order in I.A.No.318 of 2018 in O.S.No. 40 of 2015 by holding that the plaint in O.S.No. 40 of 2015 does not disclose the cause of action and the said suit is an abuse of law and ultra vires of jurisdiction of Family Court under Section 7 of Family Courts Act 1984.

ORDER:- This Civil Revision Petition coming on for orders on this day under the caption "Extension of time for Lower Court" and upon perusing the earlier Order of this Court, dated 19.04.2023, and the requisition letter submitted by the Judge, Family Court, Tiruchirappalli vide letter D.No.828/2024, dated 12.11.2024, this Court made the following order:- Today, this case is listed under the caption for "Extension of Time".

2. It is evident from the records that this Court, vide order dated 19.04.2023, directed the trial Court to dispose of the suit in O.S.No.40 of 2015 within a period of

nine months from the date of receipt of copy of that order. Subsequently, at the request of the learned Judge of Family Court, Tiruchirappalli, six months further time was granted, vide order dated 04.04.2024.

3. Now, the learned Judge of Family Court, Tiruchirappalli, has submitted a requisition dated 12.11.2024 seeking further time to dispose of the case.

4. Considering the reasons assigned, this Court is inclined to grant four months further time. Accordingly, four months further time is granted finally to dispose of the suit from the date of receipt of a copy of this order. Sd/- Assistant Registrar ( CO ) // True Copy // /01/2025 Sub Assistant Registrar (CS - I/II/III/IV) To The Judge, Family Court, Tiruchirappalli.

Copy to :

The Section officer, Judicial Section (Posting) Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 18.12.2024 ========================== EXTENSION OF TIME ========================== CRP(MD). No.864 of 2020 Giving direction and etc.

as stated within.

BV (13/01/2025) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.