Appeal filed under Section 28 of the Hindu Marriage Act to set aside a Family Court order. Appellant failed to appear on multiple dates. Court dismissed the appeal for non-prosecution and connected petition.
Civil Miscellaneous Appeal dismissed for non-prosecution; connected Miscellaneous petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL C.M.A(MD)NO.1056 OF 2016 and C.M.P(MD)No.9459 of 2016
C.Mani :Appellant/Respondent
.vs.
A.Sankaranarayanan @ Rajendran : Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 28 of the Hindu Marriage Act praying this Court to set aside the order made in H.M.O.P(MD)No.80 of 2014, dated 03.09.2014, on the file of Family Court, Madurai.
For Appellant :No appearance For Respondent :Mr.V.Muthuvelan
JUDGMENT
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J. ]
When the matter was taken up for hearing on 02.03.2021, there was no representation on behalf of the appellant and hence the matter was directed to be listed on 04.03.2021 under the Caption 'for dismissal''. On the subsequent hearings ie., on 04.03.2021 and 09.03.2021 also, there was no representation on behalf of the appellant and hence the matter was directed to be listed under the same caption and finally, the matter is listed today under the same caption. Even today also, there is no representation on behalf of the appellant.
2.In view of the same, this Court has no other option except to dismiss the Civil Miscellaneous appeal for non-prosecution. Accordingly, the Civil Miscellaneous Appeal is dismissed for nonprosecution. No costs. Consequently, connected Miscellaneous petition is dismissed.
Assistant Registrar (AS)
/ /2021 Sub Assistant Registrar(CS)
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Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Judge, Family Court, Madurai.
2.The Record Keeper,(2C) Vernacular Section, Madurai Bench of Madras High Court, Madurai.
C.M.A(MD)NO.1056 OF 2016 and C.M.P(MD)No.9459 of 2016 25.03.2021
ES(CO) KB(23.04.2021) 2P 4C
1 issue framed by the court
Whether the Civil Miscellaneous Appeal be dismissed for lack of prosecution.
C. Mani
A. Sankaranarayanan
Pushpa Sathyana
S. Kannammal
PUSHPA SATHYANARAYANA,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
