P.Bharath vs P.Saraswathi
2023 Latest Caselaw 2976 Mad

                                                                                     CMA.No. 2861 of 2019

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 21.03.2023

                                                               Coram

                            THE HON'BLE MR JUSTICE D. KRISHNAKUMAR
                                               AND
                      THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI


                                                        CMA.No.2861 of 2019
                                                               and
                                                        CMP.No. 14945 of 2019

                     P.Bharath                                                            ..Appellant

                                                                   Vs

                     P.Saraswathi                                                ..Respondent

                     Prayer :This Civil Miscellaneous Appeal is filed under Section 19 of Family
                     Court Act to set aside the Decree and Judgment dated 09.05.2019 passed in
                     I.A.No.967 of 2018 in F.C.O.P.No. 244 of 2018 by the Judge, Family Court,
                     Vellore.

                                       For Appellant           :     M/s.S.Sairaman
                                       For respondent          :     Mr.D.Thirumoorthy,
                                                                    For Mrs. S.P.Arthi

                                                            JUDGMENT

[Judgement of the Court was made by D.KRISHNAKUMAR,J.]

This Civil Miscellaneous Appeal is preferred by the appellant as against

the Decree and Judgment dated 09.05.2019 passed in I.A.No.967 of 2018 in

F.C.O.P.No. 244 of 2018 by the Judge, Family Court, Vellore.

https://www.mhc.tn.gov.in/judis CMA.No. 2861 of 2019

2. Today, when the matter was taken up for hearing, the learned counsel

appearing for the appellant has produced a letter dated 17.03.2023 addressed by

the appellant to him, wherein the appellant has stated that a compromise had

been arrived out of court with his wife Saraswathy/ respondent herein. Hence

requested to not press the present Civil Miscellaneous Appeal. The learned

counsel for the appellant has also made an endorsement to this effect.

3. The learned counsel for the respondent made an attempt to make

submissions on merits.

4. In view of the aforesaid stand taken by the appellant, it would not be

proper to permit the learned counsel for the respondent to argue the case on

merits.

5. Hence, recording the statement made by the appellant in his letter

dated 17.03.2023 and the endorsement made by the learned counsel for the

appellant, the instant Civil Miscellaneous Appeal is dismissed as withdrawn.

No costs. Consequently, connected Miscellaneous Petition is closed.

                                                                     [D.K.K.J.]       [K.G.T.J.]
                                                                            21.03.2023

Speaking/Non Speaking Judgment Index: Yes/No ak

https://www.mhc.tn.gov.in/judis CMA.No. 2861 of 2019

To

1. The Judge, Family Court, Vellore.

2. The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis CMA.No. 2861 of 2019

D. KRISHNAKUMAR, J.

AND K. GOVINDARAJAN THILAKAVADI, J

ak

CMA.No.2861 of 2019 and CMP.No. 14945 of 2019

21.03.2023

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