Pappathi vs Thangaraj
2021 Latest Caselaw 2320 Mad

                                                                                  CMSA No.5 of 1998

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 02-02-2021

                                                         CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                     CMSA No.5 of 1998
                                                          And
                                                    CMP No.1430 of 1998


                     Pappathi                                     .. Appellant

                                                            vs.


                     Thangaraj                                    .. Respondent



                     PRAYER : Civil Miscellaneous Second Appeal is preferred under Section
                     28 of Hindu Marriage Act read with Section 100 of the Code of Civil
                     Procedure against the judgment and decree dated 30.09.1997 made in CMA
                     No.71 of 1995 on the file of the learned III Additional District Judge,
                     Salem, reversing the common judgment and decree dated 23.11.1992 made
                     in HMOP No.96 of 1986 on the file of the learned Subordinate Judge,
                     Sankakiri.
                                   For Appellant              : Mr.G.Jeremiah

                                   For Respondent             : Sole Respondent Died


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                     CMSA No.5 of 1998


                                                      JUDGMENT

This Court passed an order on 02.03.2020 that the learned counsel

for the appellant made a submission that the sole respondent had died and

steps are to be taken. Further, on 16.03.2020 also time was granted.

2. Perusal of the judgment and decree reveals that the HMOP was

filed for dissolution of marriage.

3. In view of the fact that no steps are taken and further the issues

are relating to the matrimonial dispute, the present Civil Miscellaneous

Second Appeal need not be kept pending any further. In view of the fact the

sole respondent died, no further adjudication needs to be entertained and

accordingly, CMSA No.5 of 1998 stands dismissed. However, there shall be

no order as to costs. Consequently, connected miscellaneous petition is also

dismissed.

02-02-2021 Speaking Order/Non-Speaking Order. Internet : Yes/No.

Index: Yes/No.

Svn

https://www.mhc.tn.gov.in/judis/ CMSA No.5 of 1998

To

1.The III Additional District Judge, Salem.

2.The Sub Judge, Sankakiri.

https://www.mhc.tn.gov.in/judis/ CMSA No.5 of 1998

S.M.SUBRAMANIAM, J.

Svn

C.M.S.A.No.5 of 1998

02-02-2021

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