In C.M.S.A.(MD)No.39 of 2017, the Madurai Bench of the Madras High Court dismissed a second appeal filed under Section 28 of the Hindu Marriage Act read with Section 100 CPC as infructuous because the appellant had passed away during the pendency of the matter.
Civil Miscellaneous Second Appeal dismissed as infructuous; no order as to costs.
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.S.A.(MD)No.39 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.S.A.(MD)No.39 of 2017
R.Natarajan
... Appellant
Vs.
Thirunavukarasi
... Respondent
PRAYER: Civil Miscellaneous Second Appeal filed under section 28 of Hindu Marriage Act, r/w section 100 of CPC, to set aside the decree and judgment in C.M.A.No.12 of 2013 (on the file of the Learned Additional District Judge, Dindigul) dated 01.07.2017 confirming the decree and judgment in H.M.O.P.No.6 of 2007 (on the file of the Learned Principal Subordinate Judge, Dindigul) dated 08.01.2013.
For Appellant : Mr.R.M.Mahesh Kumar For Respondent : No appearance
C.M.S.A.(MD)No.39 of 2017
JUDGEMENT
Today, when the matter is taken up for hearing, the learned Counsel appearing for the appellant has submitted that the appellant has passed away. In view of the same, this Civil Miscellaneous Second Appeal stands infructuous.
2.Hence, this Civil Miscellaneous Appeal is dismissed as
infructuous. There shall be no order as to costs.
18.10.2023
NCC : Yes / No Index : Yes / No Internet : Yes Sml
C.M.S.A.(MD)No.39 of 2017
To
Copy to
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
C.M.S.A.(MD)No.39 of 2017
L.VICTORIA GOWRI, J.,
Sml
C.M.S.A.(MD)No.39 of 2017
18.10.2023
2 provisions across 2 enactments
R. Natarajan
Thirunavukarasi
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
