N.Murugesan vs G.Rathika
2023 Latest Caselaw 13221 Mad

                                                                                  C.M.S.A(MD)No.11 of 2019



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATE : 26.09.2023

                                                          CORAM

                          THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR

                                                  C.M.S.A.(MD)No.11 of 2019


                N.Murugesan                                : Appellant/Appellant/Petitioner



                                                           Vs.

                1.G.Rathika

                2.Bhanureka                               : Respondents/Respondents/Respondents


                Prayer : This Civil Miscellaneous Second Appeal is filed under Section 28 of
                Hindu Marriage Act r/w Section 100 of C.P.C, against the order and decreetal
                order of the learned V Additional District Judge, Madurai, dated 05.03.2018 in
                H.M.C.A.No.14 of 2012 dismissing the appeal and confirming the order and
                decreetal of the learned III Additional Sub-ordinate Judge, Madurai passed in
                H.M.O.P.No.309 of 2008, dated 06.10.2012.


                                  For Appellant        : Mr.S.Lakshmanan

                                  For Respondents      : Mr.M.Ponniah, for R1.

                                                       : No Appearance, for R2.


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                                                                                 C.M.S.A(MD)No.11 of 2019




                                                        JUDGMENT

The Civil Miscellaneous Second Appeal is directed against the order

passed in H.M.C.A.No.14 of 2012, dated 05.03.2018 on the file of the learned

V Additional District Judge, Madurai, confirming the fair order and decreetal

order in H.M.O.P.No.309 of 2008, dated 06.10.2012, passed by the learned

III Additional Sub-ordinate Judge, Madurai.

2. When the matter is taken up for hearing today, the learned counsel

for the appellant as well as the learned counsel for the first respondent would

submit that the appellant died on 25.04.2021.

3. It is seen from the records that the divorce petition filed by the

appellant in H.M.O.P.No.309 of 2008, after full trial was ordered to be

dismissed. Challenging the same, appeal in H.M.C.M.A.No.14 of 2012, has

been preferred and the same was also dismissed. Against the concurrent

finding of the Courts below, the present appeal came to be filed. Since the

appellant in H.M.C.M.A.No.14 of 2012 was reported dead, the learned counsel

for the appellant would submit that nothing survives for further adjudication in

https://www.mhc.tn.gov.in/judis C.M.S.A(MD)No.11 of 2019

this appeal and hence, he seeks permission of this Court to withdraw this

appeal and he has also made an endorsement to that effect.

4. In view of the above, the Civil Miscellaneous Second Appeal is

dismissed as withdrawn. No costs.

                                                                                 26.09.2023

                NCC      : Yes/No
                Index    : Yes/No
                Internet : Yes/No
                das


                To

1.The V Additional District Judge, Madurai.

2.The III Additional Sub-ordinate Judge, Madurai.

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

https://www.mhc.tn.gov.in/judis C.M.S.A(MD)No.11 of 2019

K.MURALI SHANKAR, J.

das

Pre-delivery order made in C.M.S.A.(MD)No.11 of 2019

26.09.2023

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