Lakshmi Priya v. Vinoth

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice K.GOVINDARAJAN THILAKAVADI TR CMP(MD) Nos.613 to 615 of 2022 and CMP(MD)Nos.9827, 9829 & 9830 of 2022 LAKSHMI PRIYA ... PETITIONER/PETITIONER IN TR CMP(MD)No.613 & 615 OF 2022 LAKSHMI PRIYA ... PETITIONER/RESPONDENT IN TR CMP(MD)No.614 OF 2022 Vs VINOTH ... RESPONDENT/RESPONDENT IN TR CMP(MD)No.613 & 615 OF 2022 VINOTH ... RESPONDENT/PETITIONER IN TR CMP(MD)No.614 OF 2022 PRAYER IN TR CMP(MD)No.613 of 2022:

Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to pass an order to withdraw the case bearing GWOP.No. 90 of 2021 on the file of the Honourable Family Court, Ramanathapuram and subsequently transfer the same to any other competent Court in the nearby District more particularly the Honourable Family Court, Madurai, Madurai District forthwith. Prayer in TR CMP(MD). 614/ 2022 :

Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to pass an order to withdraw the case bearing HMOP.No. 51 of 2021 on the file of the Honourable Family Court, Ramanathapuram and subsequently transfer the same to any other competent Court in the nearby District more particularly the Honourable Family Court, Madurai, Madurai District forthwith. 1/5

Prayer in TR CMP(MD). 615/ 2022 :

Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to pass an order to withdraw the case bearing HMOP.No. 177 of 2021 on the file of the Honourable Family Court, Ramanathapuram and subsequently transfer the same to any other competent Court in the nearby District more particularly the Honourable Family Court, Madurai, Madurai District forthwith. Prayer in CMP(MD). 9827/ 2022 :

To pass an order to stay all further and other proceedings in connection with GWOP.No. 90 of 2021 on the file of the Honourable Family Court, Ramanathapuram District, pending disposal of the above transfer application before this Honourable Court.

Prayer in CMP(MD). 9829/ 2022 :

To pass an order to stay all further and other proceedings in connection with HMOP.No. 51 of 2021 on the file of the Honourable Family Court, Ramanathapuram District, pending disposal of the above transfer application before this Honourable Court.

Prayer in CMP(MD). 9830/ 2022 :

To pass an order to stay all further and other proceedings in connection with HMOP.No. 177 of 2021 on the file of the Honourable Family Court, Ramanathapuram District, pending disposal of the above transfer application before this Honourable Court.

COMMON ORDER : These petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.J.SANKARA PANDIAN, Advocate for the petitioner in all petitions, the court made the following order:- By an order dated 24.02.2023, this Court while ordering transfer of G.W.O.P No.90 of 2021, H.M.O.P.No.51 of 2021 and H.M.O.P.No.177 of 2021 from the Family Court, Ramanathapuram to Principal District Court, Ramanathapuram, has directed the learned Principal District Judge, Ramanathapuram to dispose of H.M.O.P.No.51 2/5

of 2021 and H.M.O.P.No.177 of 2021 on or before 30.06.2023 and G.W.O.P No.90 of 2021 on or before 30.11.2023.

2. Now, the learned Principal District Judge, Ramanathapuram, by his letter dated 26.06.2023 bearing reference D.No.5654 sent to the Registrar General (Administration) of this Court, has sought for extension of three months time for disposal of H.M.O.P.No.51 of 2021 and H.M.O.P.No.177 of 2021. In the said letter dated 26.06.2023, the learned Principal District Judge has given certain reasons for non-disposal of the H.M.O.Ps. within the time which reads as under:- Further I submit that, the entire case records were received on 09.03.2023 and taken on file 10.03.2023 and new nos were assigned as O.P.No.22/2023 and O.P.No.23/2023 and posted for appearance of both parties and adjourned to 20.03.2023. On 20.03.2023, both parties present and later adjourned to 11.04.2023 for arguments. On 11.04.

2023 Respondent counsel filed a memo stating that they intend to reopen Respondent side evidence and hence case was adjourned to 13.04.2023. On 13.04.2023 petition U/s.151 of CPC filed for reopen Respondent side evidence and hence it was posted to 19.04.2023. On 19.04.2023 Reopen petition numbered as IA No.01/2023 and posted for notice of Hearing and counter on 26.04.2023. On 26.04.2023 as I was on OD, case was posted to 02.06.2023. From 02.06.2023 till 14.06.2023 the case was adjourned as the said IA No.1/2023 was pending.

14.06.2023 IA.No.01/2023 was allowed and the case was posted for Respondent side further evidence. On 19.06.2023 Respondent side witness batta paid and hence it was adjourned to 23.06.2023. On 23.06.2023 witness present and examined as RW2 and hence on request the case was adjourned to 27.06.2023 for respondent side further evidence.

Though the said cases were transferred to this Court at the argument stage, however due to the above said development both H.M.O.P's were not able to be disposed of on or before 30.06.2023.

3. Considering the reasons given by the learned Principal District Judge, Ramanathapuram in the above letter, the time for disposing of H.M.O.P.No.51 of 2021 and H.M.O.P.No.177 of 2021 is extended by another three months from the date of receipt of a copy of this order.

sd/- 13/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO THE JUDGE, FAMILY COURT, RAMANATHAPURAM.

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COPY TO 1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM.

ORDER

IN TR CMP(MD) Nos.613 to 615 of 2022 and CMP(MD)Nos.9827, 9829 & 9830 of 2022 Date :13/07/2023 RS/BUC/SAR-(24.07.2023) 5P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5