A.Santhosh Kumar vs S.R.Gowrishankar
2023 Latest Caselaw 4710 Mad

                                                                                      C.R.P.No.1389 of 2023



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 24.04.2023

                                                               CORAM:

                                     THE HONOURABLE Dr. JUSTICE D. NAGARJUN

                                         Civil Revision Petition (NPD).No.1389 of 2023
                                                               and
                                          Civil Miscellaneous Petition No.9280 of 2023

                       1.A.Santhosh Kumar
                       2. V.Latha                                                  ... Petitioners

                                                                Vs.

                       1.S.R.Gowrishankar
                       2.G.Vasuki                                                  ... Respondents

                                       Civil Revision Petition filed under Article 227 of the
                       Constitution of India, to dispose the I.A.No.04 of 2023 in O.S.No.297 of
                       2018 on the file of the Subordinate Court, Mettur filed under Order 45 Rule
                       5(2) of CPC within the stipulated time period.


                                       For Petitioners     :     Mr.M.Guruprasad


                                                               ORDER

The Civil Revision Petition is filed for a direction to the learned

Subordinate Judge, Mettur, to dispose of I.A.No.04 of 2023 in O.S.No.297

https://www.mhc.tn.gov.in/judis C.R.P.No.1389 of 2023

of 2018 within the stipulated time period fixed by this Court.

2. It is submitted that by the learned counsel for the revision petitioner

that the petitioners have filed O.S.No.297 of 2018, seeking to declare that

they are adoptive parents of the minor child. The said suit was dismissed on

10.04.2023, with a direction to hand over the child to the Child Welfare

Committee, within a period of 15 days from the date of Judgment.

3. It is submitted that though the petitioners have applied for certified

copy of the Judgment, same has not been made ready and hence, they moved

an application before the same Court to stay the operative portion of the

Judgment enabling them to file the appeal and said application was posted

after 15 days, by which time, the direction of the learned Subordinate Judge

to hand over the child within 15 days will be over.

4. Keeping in view the direction given by the learned trial Judge in the

Judgment in O.S.No.297 of 2018, to hand over the minor child to the Child

Welfare Committee, within a period of 15 days from the date of Judgment,

this Court hereby directs the trial Court to dispose of I.A.No.04 of 2023 in

O.S.No.297 of 2018 as expeditiously as possible, preferably, within a period

https://www.mhc.tn.gov.in/judis C.R.P.No.1389 of 2023

of two weeks from the date of receipt of a copy of this order and until

disposal of the said I.A, the proceedings before the Subordinate Court,

Mettur in O.S.No.297 of 2018, dated 10.04.2023 in so far as it relates to

handing over the minor child within two weeks, are hereby stayed.

5. With the above direction, the Civil Revision Petition is disposed of.

There shall be no order as to costs. Consequently, the connected

miscellaneous petition stands closed.

24.04.2023

ssi Index: Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No

Note: Issue Order Copy on 26.04.2023.

To

1. The Subordinate Judge, Mettur.

2. The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis C.R.P.No.1389 of 2023

Dr. D. NAGARJUN, J.,

ssi

C.R.P.(NPD).No.1389 of 2023 and C.M.P.No.9280 of 2023

24.04.2023

https://www.mhc.tn.gov.in/judis