J.Yamuna v. M.Kalyana Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI and C.M.P(MD)No.10367 of 2023 J.Yamuna ... Petitioner/Petitioner Vs.

1.M.Kalyana Kumar 2.The Commissioner, Trichirapalli City Corporation, Trichy-620 001.

... Respondent/Respondent Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal District Judge, Trichirapalli, to dispose the Tr.O.P.No.231 of 2023 within a time stipulated by this Court. For Petitioners :Mr.Janath Ahmed @ B.Janarth Kumar 1/4

ORDER

This Civil Revision Petition is filed for a direction to direct the Principal District Judge, Trichirapalli, to dispose the Tr.O.P.No.231 of 2023 within a time stipulated by this Court.

2.According to the revision petitioner, first respondent filed G.W.O.P.No.223/19 before the Principal District Judge, Trichirapalli, seeking to stay with his son in the weekends and other function days. Pursuant to which, the revision petitioner filed G.W.O.P.No.43 of 2023 before the I Additional District Judge, Trichirapalli, to declare her a a natural guardian and to remove the 1st respondent name from the child's birth certificate.

3.Since both the cases are pending before two different Courts, the revision petitioner filed Tr.O.P.No.231 of 2023 before the District Court, Trichirapalli. The learned trial Judge is proceedings the GWOP filed by the first respondent in a speedy manner and kept the Tr.O.P pending and if the GWOP has been decided, the Tr.O.P became infructuous and his right will be defeated. Hence, he prays for speedy disposal. 2/4

4.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

5.Considering the facts and circumstances of the case, this Court directs the learned Principal District Judge, Trichirapalli, to dispose the Tr.O.P.No.231 of 2023, on merits and in accordance with law, as expeditiously as possible, without any unnecessary adjournment, after affording sufficient opportunities to the parties concerned to put-forth their contentions, within a period of two weeks from the date of receipt of a copy of this order.

6.With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.08.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No To 1.The Principal District Judge, Trichirapalli.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

Ns and C.M.P(MD)No.10367 of 2023 21.08.2023 4/4