B. Durairaj vs D.Satya
2024 Latest Caselaw 19491 Mad

Madras High Court

B. Durairaj vs D.Satya on 17 October, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                 C.M.A.No.787 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 17.10.2024

                                                        CORAM

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                                   AND
                                  THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

                                                 C.M.A.No.787 of 2020

                     B. Durairaj
                     S/o.A.Balu                                                  ..Appellant

                                                        Vs.

                     D.Satya,
                     W/o.Durairaj                                                ..Respondent


                     Prayer:

                                      Civil Miscellaneous Appeal filed under Section 19 of Family

                     Courts Act challenging the fair and decreetal order dated 24.09.2019

                     made in F.C.O.P.No.3890 of 2016 passed by the IV Additional Family

                     Court, Chennai.



                                      For Appellant     : Mr.P.Nagaraju

                                      For Respondent    : No appearance


https://www.mhc.tn.gov.in/judis
                     Page 1/4
                                                                                            C.M.A.No.787 of 2020

                                                          JUDGMENT

(The judgment of the Court was delivered by J.Nisha Banu,J.)

When the matter came up for hearing on 18.09.2024, the learned

counsel for the appellant stated that he has no instruction from the

appellant. Therefore, the Registry was directed to post the appeal on

25.09.2024 by printing the name of the appellant in the cause list. When

the matter was called on 25.09.2024, the learned counsel for the

appellant stated that there was no instruction. The name of the appellant

was also printed in the cause list. Therefore, the Registry was directed to

send drafted notice on the appellant returnable by 16.10.2024.

2. It is seen from the records that the drafted notice sent to the

appellant has been returned with an endorsement stating that "building

demolished". Therefore, this Court has no other option except to dismiss

the appeal for non-prosecution. Accordingly, the Civil Miscellaneous

Appeal is dismissed for non-prosecution. No costs.

                                                                             (J.N.B,J.)    (R.K.M., J.)
                     Index               : Yes / No                                17.10.2024
                     Internet            : Yes
                     vsi

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

To

The IV Additional Family Court, Chennai.

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

J. NISHA BANU, J.

and R.KALAIMATHI,J.

vsi

17.10.2024

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