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Madras High CourtCRP(MD)/1801/2021dismissed

Nambiraja, v. Vanaja,

2022-03-08Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P.(MD).No.1801 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD).No.1801 of 2021 and C.M.P.(MD).No.9686 of 2021 Nambiraja ... Petitioner/Respondent/ Petitioner Vs.

Vanaja ... Respondent/Petitioner/ Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the decree and judgment passed in I.A.No.225 of 2018 in H.M.O.P.No.200 of 2017, dated 29.11.2018 on the file of the Family Court, Tirunelveli.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.I.Robert Chandra Kumar

O R D E R

The revision petitioner/respondent has filed this revision petition to set aside the order passed by the Family Court, Tirunelveli in I.A.No.225 of 2018 in H.M.O.P.No.200 of 2017, dated 29.11.2018.

2. The respondent has filed an application in I.A.No.225 of 2018 before the Family Court, Tirunelveli, for a direction to the revision petitioner to hand over the list of articles given in the petition. The said I.A. was allowed except Item Nos.4, 5 and 6 and also two months time granted to the revision petitioner to hand over the articles. Against which, the revision petitioner filed a revision petition in C.R.P.(MD).No.596 of 2020, to set aside the order in I.A.No.225 of 2018, dated 29.11.2018. At the time of hearing, the learned counsel for the revision petitioner modified the prayer for speedy disposal. Therefore, this Court directed the Family Court, Tirunelveli to dispose of the H.M.O.P.No.200 of 2017 on or before 30.04.2021 and the order in I.A.No.225 of 2018 was not set aside.

3. Now, again the petitioner filed the revision petition to set aside the order in I.A.No.225 of 2018 in H.M.O.P.No.200 of 2017. The said H.M.O.P.No.200 of 2017 was disposed on 29.04.2021. Only after disposal of the H.M.O.P., the present revision petition has been filed. Already one revision petition has been filed against the order in I.A.No.225 of 2018 and the petitioner himself has modified https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.1801 of 2021 the prayer in the revision. Therefore, he has no right to file another revision to set aside the same order in I.A.No.225 of 2018, that too after disposal of H.M.O.P.No.200 of 2019. Now, E.P., is filed by the respondent to execute the order in I.A.No.225 of 2018. Since the revision petitioner himself has modified the prayer in C.R.P.(MD).No.596 of 2020, the second revision petition is not maintainable.

4. In view of the above, the Family Court, (*)Madurai is directed to refer (*)E.P.No.5 of 2022 to the Mediation Centre and proceed as per law. (*)After receiving Mediation Report the Family Court, (*)Madurai is directed to dispose of (*)E.P.No.5 of 2022 within a period of four months.

5. With the above directions, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) (*) Corrected as per the order of this Court dated 24.03.2022 made in CRP(MD).No.1801 of 2021 // True Copy // / /2022 Sub Assistant Registrar(CS) akv To 1.The Judge, Family Court, Tirunelveli.

2.The Judge, Family Court, Madurai.

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-10900[F] dated 09/03/2022 ) C.R.P.(MD).No.1801 of 2021 08.03.2022 RK(18/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2