Madras High CourtCRP(MD)/2018/2019disposed of

N.S.R.Ganesh Babu v. R.Sowmiya

2019-11-12Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P. (PD).(MD).No.2018 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(MD).No.2018 of 2019 N.S.R.Ganesh Babu ... Petitioner Vs.

R.Sowmiya ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Family Court, Madurai to expedite the trial in H.M.O.P.No.860 of 2018 on the file of the Family Court, Madurai and dispose the same within a time limit as stipulated by this Court.

For Petitioner : Mr.P.Gunasekaran

O R D E R

The Civil Revision Petition has been filed seeking a direction to the Family Court, Madurai to expedite the trial in H.M.O.P.No.860 of 2018.

2. According to the revision petitioner, the H.M.O.P.No.860 of 2018 is filed in the year 2018 and the same is pending for the past one year. Hence, the petitioner has filed the present Civil Revision Petition seeking a direction to the Family Court, Madurai to expedite the trial in H.M.O.P.No.860 of 2018.

3. The learned counsel appearing for the revision petitioner would submit that as per the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the H.M.O.P.No.860 of 2018 should be disposed of within a period of one year from the date of filing the petition. However, in the present case, even after expiry of one year, the respondent has not filed any counter and without filing counter, dragging on the proceedings.

4. In view of the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the Court below should have disposed of the petition within a period of https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P. (PD).(MD).No.2018 of 2019 one year, but the Court below has not disposed of the same within a time. Hence, this Court is constrained to direct the Family Court, Madurai to dispose of the H.M.O.P.No.860 of 2018, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order, without fail.

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

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

+1 CC to Mr.P.GUNASEKARAN, Advocate ( SR-98280[F] dated 14/11/2019 ) C.R.P.(MD).No.2018 of 2019 12.11.2019 VB(18.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2