Citation : 2024 Latest Caselaw 7847 AP
Judgement Date : 29 August, 2024
APHC010410922006
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3470]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTY NINETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL MISCELLANEOUS APPEAL NO: 127/2006
Between:
Dommeti Parameswara Rao ...APPELLANT
AND
Dommeti Madhuri Anr and Others ...RESPONDENT(S)
Counsel for the Appellant:
1. K VENKATESH
Counsel for the Respondent(S):
1.
The Court made the following:
JUDGMENT:
(per Ravi Nath Tilhari, J)
Heard Sri K.Venkatesh, learned counsel for the appellant.
2. The appellant-husband husband filed OP.No.89 of 2003 in the Court of Senior
Civil Judge, Amalapuram, lapuram, East Godavari District for divorce under Section 13(1)(ia)(ib) of Hindu Marriage Act, which was dismissed vide order dated
24.10.2002.
3. Challenging the same, the present appeal was filed.
4. The respondent No.1- wife had also filed O.P.No.60 of 2002 for
restitution of conjugal rights under Section 9 of Hindu Marriage Act.
5. By the common order dated 24.10.2002, the petition for restitution was
allowed.
6. Challenging the same, appellant-husband filed CMA.No.84 of 2006.
7. Learned counsel for the appellant submits that the matter was settled
between the parties out of the Court and in view thereof, the CMA.No.84 of
2006, was decided vide order dated 19.03.2024, as follows:
"While learned counsel for the respondent Sri G. Rama Gopal would submit that the matter was settled between the parties out of Court, learned counsel for the appellant Sri K. Venkatesh would submit that in spite of his letters, the appellant has not approached him and he is not aware about the so-called compromise and in these circumstances, having regard to the fact that this is an old matter of the year 2006, an order may be passed.
Recording the submission of learned counsel for the respondent that the matter was settled out of Court and having regard to the fact that this is an old matter of the year 2006, the Civil Miscellaneous Appeal is dismissed. No costs.
As a sequel, interlocutory applications, if any, pending for consideration shall stand closed."
8. Learned counsel for the appellant submits that in view of the order
dated 19.03.2024, this appeal may also be dismissed.
9. Accordingly, in view of order in CMA.No.84 of 2006, the present Civil
Miscellaneous Appeal is also dismissed/closed.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also
stand closed.
____________________ RAVI NATH TILHARI, J
____________________ NYAPATHY VIJAY, J
Dated: 29.08.2024 AG
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL MISCELLANEOUS APPEAL NO: 127/2006
Dated: 29.08.2024 AG
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