R.Yogeswaran vs Rajeshwari
2023 Latest Caselaw 7678 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated : 05.07.2023

                                                              Coram

                                    The Honourable Mr.Justice KRISHNAN RAMASAMY

                                                    C.M.S.A.No.86 of 2021


                     R.Yogeswaran
                                                                                           ...Appellant
                                                              Versus
                     Rajeshwari
                                                                                       ...Respondent
                                  This Civil Miscellaneous Appeal is filed under Section 28 of Hindu
                     Marriage Act r/w. Section 100 of C.P.C praying to set aside the judgment
                     and decree passed by the Principal District Judge, Salem in C.M.A.No.41 of
                     2019 dated 26.06.2020 confirming the judgment and decree of the Sub
                     Judge, Attur in H.M.O.P.No.107 of 2012 dated 16.08.2019.
                                  For Appellant           :      Mr.J.Nagarajan
                                  For Respondent          :      Mr.G.J.Baskar Narayanan


                                                         JUDGMENT

When this appeal was taken up on 03.07.2023, the learned counsel

for the appellant sought time to get instructions from his client as to whether

he is agreeable to give 50% share of his property to his wife/respondent.

Hence, the matter was adjourned to 05.07.2023 (today).

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

2. Accordingly, today, when the matter was taken up for hearing, the

respondent and her learned counsel are present before this Court. However,

the appellant is absent.

3. The learned counsel for the appellant submitted that the appellant

instructed him to withdraw the present appeal since he is not interested in

prosecuting the case. Therefore, the learned counsel sought the permission

of this Court to withdraw this appeal and he has also made an endorsement

to that effect in the appeal papers.

4. In view of the above submission coupled with an endorsement

made by the learned counsel for the appellant, this Civil Miscellaneous

Second Appeal is dismissed as withdrawn. However, liberty is granted to

the parties to work out their remedy with regard to other entitlements, in the

manner known to law. No costs.

05.07.2023 mrr

Index : Yes/No

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

KRISHNAN RAMASAMY, J.

mrr

C.M.S.A.No.86 of 2021

05.07.2023

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