Madras High CourtCMSA/40/2002dismissed as infructuous

S.Balakrishnan v. Punithavalli @ Punitha

2019-01-25Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2019 Coram THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN C.M.S.A.No.40 of 2001 S. Balakrishnan ... Appellant versus Punithavalli @ Punitha ... Respondent Prayer : The Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act r/w 100 of the Code of Civil Procedure against the Judgment and decree dated 28.11.2001 made in C.M.A.No.48 of 2001( on the file of the II Additional District Judge at Erode) reversing the Judgment and decree dated 22.12.2010 made in H.M.O.P.No. 26/98( on the file of the subordinate Judge at Bhavani) For Appellant : Mrs.Ponmani for Mr.T.Murugamanickam For Respondent : Mr.N.Manokaran

JUDGMENT

This Civil Miscellaneous Second Appeal is filed against the Judgment and decree dated 28.11.2001 made in C.M.A.No.48 of 2001 ( on the file of the II Additional District Judge at Erode) reversing the judgment and decree dated 22.12.2010

2. Today, when the matter is taken up for hearing, the learned counsel for the appellant reported that both the parties are living together and a joint compromise memo dated 25.01.2019 was also filed by the learned counsel for the appellant to that effect, which reads as follows:

"It is submitted that pending C.M.S.A.

No. 40 of 2002, the dispute between the parties have been settled amicably, and they are living together. Therefore, the respondent prays this Hon'ble Court to record this memo and thus render."

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3. Based on the memo filed by both the parties this Court is inclined to dismiss this Civil Miscellaneous Second Appeal and accordingly this Civil Miscellaneous Appeal is dismissed as infructuous . The joint compromise memo form part of this order. No order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smn To 1) The II Additional District Judge Erode 2) The Subordinate Judge, Bhavani.

copy to: The Section Officer, VR Section, High Court, Madras.

+1 cc to Mr.N.Manoharan, Advocate, S.R.No.6269 C.M.S.A.No.40 of 2002 SV(CO) SSM(29/03/2019) .

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