N. Shankar Ganesh vs Lokeswari
2021 Latest Caselaw 2434 Mad

                                                                            C.M.S.A.No.43 of 2011 and
                                                                                    M.P.No.1 of 2011

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED 03.02.2021

                                                          CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                    C.M.S.A.No.43 of 2011
                                                            and
                                                      M.P.No.1 of 2011

                     N. Shankar Ganesh                                          .. Appellant


                                                           Versus

                     Lokeswari                                                .. Respondent


                     Prayer: Civil Miscellaneous Second Appeal filed under Section 100 of the
                     Code of Civil Procedure, against the judgment and decree of the learned
                     Additional District Judge and Fast Track Court No.III, Tiruvallur, dated
                     11.01.2011 in C.M.A.No.49 of 2006 confirming the judgment and decree of
                     the learned Subordinate Judge of Tiruvallur, dated 23.08.2004 in
                     H.M.O.P.No.1 of 2003.


                                    For Appellant      : Mr. Karthikeyan




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                C.M.S.A.No.43 of 2011 and
                                                                                        M.P.No.1 of 2011

                                                     JUDGMENT

This Court passed an order on 05.09.2011, ordering notice to the

respondent returnable in eight weeks. Private notice was also permitted.

Further opportunities were also granted to the appellant to serve notice to

the respondent. The issues raised in this appeal relates to matrimonial

dispute. However, the appellant has not taken any steps to serve notice to

the respondent for the past about nine years.

2. In view of the fact that the notice has not been served to the

respondent for the past about nine years and the appellant also has not taken

any steps to serve notice privately and file proof of service, this Court is not

inclined to keep the appeal pending for an unspecified period, which would

do no service to the cause of justice. Accordingly, the CMSA.No.43 of

2011 stands dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

03.02.2021 Index: Yes/ No AT

https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.43 of 2011 and M.P.No.1 of 2011

To

1.The Additional District Judge and Fast Track Court No.III, Tiruvallur.

2.The Subordinate Judge, Tiruvallur.

https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.43 of 2011 and M.P.No.1 of 2011

S.M.SUBRAMANIAM,J.

AT

C.M.S.A.No.43 of 2011 and M.P.No.1 of 2011

03.02.2021

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