Allowed

K.Santhan @Sangameswaran v. S.Kavitha @Yasodha

Madras HC4 Oct 2021CRP/1355/2021

Case brief

AI extract

What is this about?

A civil revision petition petitioned under Article 227 of the Constitution seeking a direction to the Family Court, Salem to expeditiously dispose of F.C.O.P.No.583 of 2018. The Court noted an earlier petition but directed the trial judge to dispose the matter due to the excessive delay of nearly three years.

What did the court decide?

The learned trial judge was directed to dispose of F.C.O.P.No.583 of 2018 as expeditiously as possible.

K.Santhan @Sangameswaran Vs S.Kavitha @Yasodha — Civil Procedure and Limitation | Madras HC (2021)

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C.R.P.(P.D).No.1355 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.10.2021

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CORAM

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THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

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C.R.P.(PD)No.1355 of 2021
K.Santhan@Sangameswaran ...Petitioner
Vs.
S.Kavitha @ Yasodha ...Respondent

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Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue direction directing the family Court, Salem to dispose the F.C.O.P.No.583 of 2018 as expeditiously as possible and more particularly within the time framed fixed by this Court by allowing this Civil Revision Petition.

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For Petitioner : Mr.Marudhachalamoorthy for Mr.A.Yogaraj

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C.R.P.(P.D).No.1355 of 2021

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ORDER

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This petition is filed seeking direction to dispose the

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F.C.O.P.No.583 of 2018 as expeditiously as possible within time framed

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fixed by this Court.

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2.The learned counsel for the petitioner submitted that the petitioner has earlier filed C.R.P.No.567 of 2021 and an order was passed directing the learned trial judge to dispose the F.C.O.P.No.583 of 2018 as per seniority of the cases and in accordance with law. He further submitted that certain case particulars have been wrongly given by the petitioner and

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that was incorporated in the order. Therefore, the learned trial judge is not inclined to take up this case for disposal. He further stated that the case was filed in 2018 and prays for certain time limit for the disposal of F.C.O.P.No.583 of 2018. The direction in earlier petition was given on the

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ground that the very old cases are pending and the time limit cannot be fixed. Even now, there is no change of position. In such circumstances, this Court is not inclined to fix the time limit for disposal of F.C.O.P.No.583 of 2018.

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C.R.P.(P.D).No.1355 of 2021

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3.Considered the fact that almost three years is over from the date

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of filing of F.C.O.P.No.583 of 2018, the learned trial judge is directed to

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dispose the F.C.O.P.No.583 of 2018 as expeditiously as possible.

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4.With the above directions, this Civil Revision Petition stands
disposed of. No costs.
04.10.2021
vsn

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C.R.P.(P.D).No.1355 of 2021

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vsn

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G.CHANDRASEKHARAN.J,

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C.R.P.(PD)No.1355 of 2021

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04.10.2021

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K.Santhan @Sangameswaran v. S.Kavitha @Yasodha

Case brief

What is this about?

What did the court decide?

K.Santhan @Sangameswaran v. S.Kavitha @Yasodha

Case brief

What is this about?

What did the court decide?

What the court decided

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