Moorthy v. Mariammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Thursday, the Twenty Seventh day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CRL RC(MD) No.223 of 2023 Moorthy ... Petitioner/ Petitioner Vs Mariammal ... Respondent/Respondent Prayer in CRL MP(MD). No.14231 of 2023 To recall the order passed in Crl.R.C(MD).No.223/2023 dated 27.06.2023 on the file of this Hon'ble Court and pass such other orders as this Honble Court may deem fit and proper.

Prayer in CRL RC(MD) No.223 of 2023:

This Criminal Revision has been filed under section 397 r/w 401 of Cr.p.c to call for records relating to the order passed by the learned Family Court, Tirunelveli in M.C. No.49 of 2019 dated 25.11.2022and set aside the same. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.A.Ebenezer, Advocate for the Petitioner and of Mr.T.Selvan, Advocate for 1/4

the Respondent, this Court made the following order: The above petition has been filed seeking orders to recall the order passed by this Court in Crl.R.C.(MD)No.223 of 2023 dated 27.06.2023.

2. It is seen from the records that this Court, by observing that the petitioner herein has not even attempted to comply with the order of this Court to deposit the entire arrears amount, has dismissed the revision in Crl.R.C.(MD)No.223 of 2023 on 27.06.2023.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

4. When the matter is taken up for hearing today, the learned counsel appearing for the respondent would submit that the respondent has received Rs.1,88,000/- and they are not having any objection to allow this petition. 2/4

5. Considering the above, this petition is ordered and the order passed by this Court in Crl.R.C.(MD)No.223 of 2023 dated 27.06.2023 is hereby recalled and the Registry is directed to place the matter before appropriate Bench. Sd/- Assistant Registrar (CO) // True Copy // /07/2024 Sub Assistant Registrar (CS-I , II , III, IV) csm TO The Judge, Family Court, Tirunelveli.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED : 27/06/2024 ==========================

ORDER

========================== in CRL.R.C (MD) No.223 of 2023 Giving direction and etc.

as stated within.

SL(18.07.2024)/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4