Kanimozhi vs R.M.Perumal
2023 Latest Caselaw 13022 Mad

                                                                               C.M.A.Nos.82 and 83 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 22.09.2023

                                                         CORAM :

                                    THE HON'BLE MR. JUSTICE P.VELMURUGAN

                                              C.M.A.Nos. 82 and 83 of 2018
                                                          -----

                     Kanimozhi                                                 ... Appellants
                                                                             in both C.M.As

                                                           Vs.

                     R.M.Perumal                                                 ... Respondent
                                                                               in both C.M.As


                                     Civil Miscellaneous Appeals filed under Section 47 of the
                     Guardian and Wards Act to set aside the common order and decreetal order
                     as made in G.O.P.No.80 of 2013 dated 14.09.2017 on the file of the
                     Principal District Judge, Cuddalore, Cudalore District.


                                     For Appellant        : Mr.V.Balamurugane
                                                            in both C.M.As

                                     For Respondent       : Not ready-in-notice
                                                            in both C.M.As




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https://www.mhc.tn.gov.in/judis
                                                                                C.M.A.Nos.82 and 83 of 2018

                                          COMMON JUDGMENT

                                   Challenging the order passed in G.O.P.No.80 of 2013 dated

                     14.09.2017 by the learned Principal District Judge, Cuddalore, Cudalore

                     District, the appellant has filed these present appeals.



                                   2. These appeals were filed in the year 2018. Thereafter, they

                     came up for hearing on several occasions. On 03.03.2022, this Court

                     ordered notice through Court and privately returnable by 22.03.2022. When

                     the matter was taken up for hearing on 29.03.2022, the learned counsel for

                     the appellant represented that he has no instructions from the appellant and

                     that the matter was directed to be listed in the first week of June, 2022.

                     Today, when the appeals are taken up for hearing, the learned counsel for

                     the appellant sought short accommodation to pay batta and to serve notice.



                                   3. This Court ordered notice through Court and privately on

                     03.03.2022 and no steps have been taken to serve notice till date. It is seen

                     that the minor child, who is aged about 13 years is under the custody of the

                     respondent/paternal grandfather. These appeals are pending from the year


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                                                                         C.M.A.Nos.82 and 83 of 2018

                     2018 and the appellant/mother has not taken any steps to serve notice and

                     proceed with the case further.



                                   4. Under these circumstances, this Court finds that the

                     appellant has not interested in proceeding with the case and get back the

                     child and hence, these Civil Miscellaneous Appeals are dismissed for

                     default. There shall be no order as to costs.

                                                                                 22.09.2023



                     Index: Yes/No
                     Speaking Order/Non-Speaking Order
                     Neutral Citation Case : Yes/No
                     ms

                     To

                     1.The Principal District Judge,
                       Cuddalore, Cudalore District.


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




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                                           C.M.A.Nos.82 and 83 of 2018

                                         P.VELMURUGAN, J.

ms

C.M.A.Nos.82 and 83 of 2018

22.09.2023

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