Gopinath v. Elakiya
Case brief
What is this about?
The High Court dismissed the civil miscellaneous appeal as having become infructuous. Counsel submitted the main order was dismissed on merits, leaving nothing to adjudicate. The court consequently closed the file.
What did the court decide?
The appeal was dismissed as infructuous; the connected miscellaneous petition was closed.
What the court decided
CMA NO.3381 OF 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
CMA NO.3381 OF 2021 AND CMP NO.19518 OF 2021
Gopinath ... Appellant / Petitioner Vs. Elakiya ... Respondent / Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, praying to set aside the order dated 29.09.2021 made in I.A.No.1 of 2019 in H.M.O.P.No.890 of 2018, on the file of the Additional Principal Family Judge, Coimbatore.
For Appellant : Mr.A.E.Ravichandran For Respondent : Mr.K.Balasubramaniam
Page No.1 of 4
Issues for consideration
1 issue framed by the court
Whether a civil miscellaneous appeal survives for adjudication when the main high court order declaring the main suit dismissed on merits has become final.
Parties & counsel
- appellant
Gopinath
- respondent
Elakiya
Coram
J.Nisha Banu
Case details
As recorded by the court registry
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