Dismissed¶¶25

Selvanayaki v. P Padmanaban

Madras HC12 Aug 2025CMA/1152/2005

Case brief

AI extract

What is this about?

Madras High Court, CMA No. 1152 of 2005 (CMP No.6449 of 2005), decided 12-08-2025 by J. Nisha Banu, J. with M. Jothiraman, J.: appeal under Order 43 Rule 1(d) CPC by Selvanayaki against fair and decreetal order dated 02.12.2004 in I.A.No.1035 of 2004 in HMOP No.392 of 2003 (Family Court, Coimbatore); dismissed for non-prosecution due to non-payment of batta since 2005; no costs; connected CMP closed. Keywords: dismissal for non-prosecution, batta unpaid, stale 2005 appeal, CMA, HMOP, interim application, Family Court Coimbatore, Order 43 Rule 1(d) CPC.

What did the court decide?

None. The CMA was dismissed for non-prosecution; no order as to costs; the connected miscellaneous petition (CMP No.6449 of 2005) was closed. ¶¶25

Selvanayaki Vs P Padmanaban — Madras HC (2025) — LawSathi Research

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CMA No. 1152 of 2005

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12-08-2025

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CORAM

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THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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CMA No. 1152 of 2005 and CMP No.6449 of 2005

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SELVANAYAKI

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W/o. P Padmanaban No. 31 Pappan Thottam Ganapathy Maiyakarapalayam Coimbatore.

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Appellant(s)

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P Padmanaban S/o. Kv Palanisamy Chettiar Chettiar Thottam Gundalpet Mysore Road Mysore.

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Respondent(s)

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PRAYER This civil miscellaneous appeal has been filed under Order 43 Rule

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1(d) of CPC to set aside the fair and decreetal order dated 02.12.2004 made in

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I.A.No.1035 of 2004 in HMOP No.392 of 2003, on the file of the Family Court,

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Coimbatore.

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For Appellant(s): M/s P Mathivanan

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

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CMA No. 1152 of 2005

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JUDGMENT (Order of the court was made by J.Nisha Banu, J.)

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The present Appeal has been filed to set aside the fair and decreetal order dated 02.12.2004 made in I.A.No.1035 of 2004 in HMOP No.392 of 2003, on the file of the Family Court, Coimbatore.

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This matter is pending from the year 2005 and till today, the appellant

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has not paid batta to serve notice on the respondent.

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Since the matter is of the year 2005 and the appellant has not taken any

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step to pay batta till today, we are not inclined to entertain this appeal. Hence, this Civil Miscellaneous Appeal is dismissed for non prosecution. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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(J.N.B.J.) (M.J.R.J.) 12.08.2025

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Index:Yes/No Internet:Yes Neutral Citation:Yes/No MST

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

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CMA No. 1152 of 2005

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1.P Padmanaban S/o. Kv Palanisamy Chettiar Chettiar Thottam Gundalpet Mysore Road Mysore.

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