Citation : 2021 Latest Caselaw 2435 Mad
Judgement Date : 3 February, 2021
C.M.S.A.No.39 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.39 of 2011
and
M.P.No.1 of 2011
K. Baskar .. Appellant
Versus
Krishnaveni .. Respondent
Prayer: Civil Miscellaneous Second Appeal filed under Section 100 of the
Code of Civil Procedure, against the decree and judgment passed by the
Principal District Judge, Krishnagiri in CMA.No.14 of 2010 on 12.01.2011
confirming the decree and judgment passed by the Subordinate Court,
Hosur in M.O.P.No.6 of 2004 dated 18.01.2010.
For Appellant : Mrs. S. Hemamalini
1/4
https://www.mhc.tn.gov.in/judis/
C.M.S.A.No.39 of 2011
JUDGMENT
This Court passed an order on 02.08.2011, ordering notice to the
respondent returnable in four weeks. Private notice was also permitted and
interim stay on condition was also issued directing the appellant to pay a
sum of Rs.10,000/- which is the 50% of the amount awarded by the Court
below. In spite of the orders passed by this Court, the appellant has not
taken any steps to serve notice to the respondent. The notice sent was
returned as 'door locked'. However, further steps are not taken for the past
about nine years to serve notice to the respondent nor privately. The issues
raised relates to matrimonial dispute and the appellant has not served notice
to the respondents. Thus, this Court is not inclined to keep the appeal
pending for an unspecified period and therefore, the CMSA.No.39 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.39 of 2011
To
1.The Principal District Judge, Krishnagiri.
2.The Subordinate Court, Hosur.
https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.39 of 2011
S.M.SUBRAMANIAM,J.
AT
C.M.S.A.No.39 of 2011 and M.P.No.1 of 2011
03.02.2021
https://www.mhc.tn.gov.in/judis/
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