E.Gunasekaran vs S.Chitra
2021 Latest Caselaw 4736 Mad

                                                                                C.M.S.A.No.6 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 23.02.2021

                                                        CORAM:

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                  C.M.S.A.No.6 of 2013

                     E.Gunasekaran                                                 .. Appellant
                                                            Vs.

                     S.Chitra                                                     .. Respondent

                     PRAYER This Civil Miscellaneous Second Appeal is filed under Section
                     28 of Hindu Marriage Act, R/w Section 100 C.P.C., against the judgment
                     and decree passed by the Learned Additional District and Fast Track
                     Judge No.4, Ponneri in C.M.A.No.20 of 2008 dated 11.01.2011 by
                     confirming the judgment and decree of the Sub Court, Ponneri in
                     H.M.O.P.No.19 of 2004 dated 14.02.2008.
                                      For Appellant     : No appearance
                                      For Respondent    : Not ready in notice

                                                      JUDGMENT

This Court passed an order on 22.11.2013, ordering notice to the

respondents returnable in two weeks.

2. In spite of the orders, the appellant has not taken any steps to

serve notice to the respondents for the past about 7 years. Till now, notice

has not been served to the respondents. https://www.mhc.tn.gov.in/judis/

C.M.S.A.No.6 of 2013

3. This apart, when the matter was listed for hearing on

08.02.2021, none appeared on behalf of the appellant. Thus, this Court

passed an order, directing the Registry to list the matter on 10.02.2021

under the caption “For Dismissal”.

4. Again, when the matter was listed for hearing on 15.02.2021,

there was also no representation on behalf of the appellant. In order to

give one more opportunity, this Court once again passed an order,

directing the Registry to list this matter under the caption “For

Dismissal” on 17.02.2021.

5. When the matter is taken up for hearing today i.e., on

23.02.2021, none appeared for the appellant. Thus, it is evident that the

appellant is not interested in pursuing the matter.

6. For all these reasons, this Court is of an opinion that no purpose

would be served in the event of keeping the matter pending any further.

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

7. Accordingly, the Civil Miscellaneous Second Appeal in

C.M.S.A.No.6 of 2013

C.M.S.A.No.6 of 2013 stands dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

23.02.2021 Kak Index:Yes Speaking order

To

1.The Learned Additional District and Fast Track Judge No.4, Ponneri.

2.The Sub Court, Ponneri.

https://www.mhc.tn.gov.in/judis/ S.M.SUBRAMANIAM, J.

C.M.S.A.No.6 of 2013

Kak

C.M.S.A.No.6 of 2013

23.02.2021

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