Appeal against dismissal of divorce petition dismissed as infructuous due to death of the appellant during pendency of the appeal.
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THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE Dr. JUSTICE B. SIVA SANKARA RAO
CIVIL MISCELLANEOUS APPEAL No.2215 OF 2003
JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy)
This appeal, under Section 28 of the Hindu Marriage Act, 1955, is filed by the petitioner in H.M.O.P.No.51 of 2000 aggrieved by the order and decree, dated 18.02.2003, passed by the learned Principal Senior Civil Judge, Tenali, in the said O.P., whereunder, the petition filed by the petitioner – husband, under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, seeking dissolution of marriage performed between himself and the respondent, was dismissed.
During pendency of the appeal, learned counsel on record for the appellant died and as such, this Court has issued notice to the appellant. Notice sent to the appellant has returned with an endorsement that the appellant expired. Hence, the subject matter of this appeal has become infructuous.
Accordingly, the appeal is dismissed as infructuous. Miscellaneous Petitions, if any, pending in this appeal shall stand closed. No costs.
______________________
R.SUBHASH REDDY, J
Dr. B. SIVA SANKARA RAO, J 23rd January, 2015 MD
1 provisions across 1 enactments
R. Subhash Reddy
B. Siva Sankara Rao
As recorded by the court registry
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