The Civil Miscellaneous Appeal filed under the Mental Health Act, 1987 was dismissed for default due to the absence of the appellant's counsel on the hearing date, despite prior notice and no appearance.
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.
C.M.A.(MD)No.902 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.08.2021 CORAM
THE HONOURABLE MRS.JUSTICE R. THARANI C.M.A.(MD)No.902 of 2013 and M.P.No.2 of 2013
S.Banumathi ... Appellant
Vs.
Kanniga Devi ... Respondent/Petitioner/Petitioner
Prayer: This Civil Miscellaneous Appeal is filed under Section 76 of Mental Health Act, 1987, to call for the records relating to I.A.No.1231 of 2010 in M.H.O.P.No.8 of 2009 dated 26.04.2012 on the file of the learned Principal District Judge, Trichy and to set aside the same.
For Appellant : No Appearance For Respondent : Mr.R.Sundar
JUDGMENT
It is seen that this appeal is pending from the year 2013 onwards. This matter was listed before me on 17.04.2021, 28.04.2021, 23.06.2021, 06.07.2021, 19.07.2021 and 09.08.2021. On all these hearing dates, the learned counsel for the respondent was ready for arguments but there was no representation for the appellant. On 09.08.2021, the matter was adjourned to 16.08.2021 under the caption “for arguments or for orders”. Even when the matter was taken up for hearing today (16.08.2021), there was no representation on the side of the appellant. There is no use in keeping the appeal pending any further. Hence, this Civil Miscellaneous Appeal is dismissed for default. No Costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar (CS II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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C.M.A.(MD)No.902 of 2013
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
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies)
C.M.A.(MD)No.902 of 2013 16.08.2021
RS (25.08.2021) 2P 4C
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S. Banumathi
Kanniga Devi
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
