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Madras High CourtCRP(MD)/2154/2018allowed

Prabu v. Menaka

2018-10-31Honourable Mr Justice G.R.Swaminathan1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP (PD) (MD) No.2154 of 2018 Prabhu ... Petitioner/Petitioner Vs.

Menaka ... Respondent/Respondent Prayer Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 11.08.2018 passed in I.A No.464 of 2017 in HMOP No.578 of 2016 on the file of the Family Court, Madurai within the time stipulated before this Court.

For Petitioner : Mr.Pon Senthil kumaran For Respondent : Mr.K.Sivabalan

ORDER

The petitioner herein filed HMOP No.578 of 2016 before the Family Court, Madurai. The said HMOP was dismissed for default. He applied for restoration. The restoration application was returned. There was a delay of 171 days in re-presenting the restoration application. The court below by the order impugned in this civil revision petition dismissed the said I.A. Challenging the same, this civil revision petition has been filed. 2.The revision petitioner herein is the petitioner in the HMOP. Substantial justice can be rendered by setting aside the order impugned in this civil revision petition. Accordingly, the order impugned in this petition is set aside. This civil revision petition is allowed. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-I) To The Judge, Family Court, Madurai.

+ 1 CC TO Mr.S.PON SENTHIL KUMARAN, ADVOCATE IN SR No. 94054 SKM TE/BK/SAR-1 : 13/12/2018 : 1P/3C CRP (PD) (MD) No.2154 of 2018 31.10.2018 https://hcservices.ecourts.gov.in/hcservices/