S.Satheeskumar v. P.Sinthiya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.Satheskumar ... Petitioner/ Petitioner Vs.

P.Sinthiya ... Respondent/ Respondent Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to issue directions to the Sub Court, Lalgudi, Tiruchirappalli District to dispose of the above H.M.O.P.No.33 of 2021 within the time stipulated by this Court.

For Petitioner : Mr.R.Narayanan

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in H.M.O.P.No.33 of 2021, pending on the file of 1/4

the Sub Court, Lalgudi, Tiruchirappalli District, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondent is not necessary.

3. The revision petitioner has filed a divorce petition in H.M.O.P.No.33 of 2021 against the respondent and the same is pending on the file of the Sub Court, Lalgudi, Tiruchirappalli District.

4. The learned counsel appearing for the revision petitioner would submit that the revision petitioner was examined as P.W.1 and despite granting of sufficient opportunities, the other side has not chosen to crossexamine the P.W.1 and hence, the evidence was suo motu closed as earlier as on 31.03.2022, that subsequently, the respondent has filed applications to reopen and to recall P.W.1 for cross-examination, that the said applications were allowed and that the case was posted to 09.02.2023 for cross-examination of P.W.1 and that subsequently, the case is being adjourned for cross-examination of P.W.1.

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5. Considering the above facts and circumstances and also the fact that the divorce petition is pending for the past more than 21⁄2 years and also the fact that P.W.1 was examined in chief as earlier as on 31.03.2022, the learned Subordinate Judge, Lalgudi, is hereby directed to complete the trial in H.M.O.P.No.33 of 2021 and dispose of the same within a period of three months from the date of receipt of a copy of this order.

6. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

05.12.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Sub Court, Lalgudi.

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

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 05.12.2023 4/4