Joseph @ Navaneeswaran vs Boopathi
2023 Latest Caselaw 14234 Mad

    2023/MHC/4968



                                                             1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 07.11.2023

                                                          CORAM:

                             THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                               C.M.S.A(MD)NO.4 OF 2021
                                                         and
                                               C.M.P(MD)No.349 of 2021


                     Joseph @ Navaneeswaran               :Appellant/Appellant/Respondent

                                                   .vs.

                     Boopathi                             : Respondent/Respondent/Petitioner


                     PRAYER: Civil Miscellaneous Second Appeal filed under Section 28
                     of the Hindu Marriage Act, 1955 r/w Section 100 of the Civil
                     Proedure Code against the fair and decretal order made in
                     H.M.C.M.A.No.2          of   2016,   dated5.2.2029,   on   the   file   of   the
                     Additional District Judge(Fast Track Court),Theni confirming the fair
                     and decretal order made in H.M.O.P.No.63 of 2011, dated 4.2.2025,
                     on the file of Subordinate Judge, Periyakulam.


                                       For Appellant             :No appearance

                                       For Respondent            :Mr.K.Annadurai

                                                    JUDGMENT

*********

This Civil Miscellaneous Second Appeal is listed today under

the caption ‘’for dismissal’’, the reason being that there is no

representation for the appellant during the previous hearings. When

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

the matter is listed for hearing on 13.10.2023, one Mr.Surya,

learned counsel submitted that Mr.G.Thalaimutharasu, learned

counsel filed change of vakalath for the appellant.This Court

directed the Registry to restore the vakalath and list the matter for

hearing on 18.10.2023. The Registry made an endorsement in the

cause-list, dated 18.10.2023 that there was no vakalath filed for the

appellant. Thus, this Court directed the matter to be listed under

the caption’’for dismissal’’ today. Today also, the appellant is not

present and there is no representation for the appellant.

2.Therefore, the Civil Miscellaneous Second Appeal is

dismissed for non-prosecution. No costs.Consequently, connected

Miscellaneous Petition is closed.

07.11.2023

Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To

1.The Additional District Judge, (Fast Track Court), Theni.

2.The Sub-Judge, Theni.

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

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

G.CHANDRASEKHARAN,J.

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

vsn

JUDGMENT MADE IN C.M.S.A(MD)NO.4 OF 2021 and C.M.P(MD)No.349 of 2021

07.11.2023

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