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Madras High CourtCMA/101/2011dispensed with ordered

P.Stanley Guptas* v. S.Caraline Sasikala

2015-06-04Honourable Mr Justice T.Mathivanan,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 4.6.2015

CORAM:

THE HON'BLE MR.JUSTICE M.JAICHANDREN AND THE HON'BLE MR.JUSTICE T.MATHIVANAN C.M.A. NO.101 OF 2011 and MP.NO.1 of 2011 P.Stanley Gupta ..

Appellant/Respondent vs.

S.Caraline sasikala ..

Respondent/Petitioner Prayer: Appeal is filed U/s. 55 of India Divorce Act 1869 against the judgment and decree dated 6.11.2010, made in O.P.2333 of 2005 on the file of the Principal Family Court, Chennai.

For appellant :

Mr.G.Krishnakumar For respondent :

Mr.N.V.V.Krishna

JUDGMENT

[by M.JAICHANDREN, J.] The learned counsel appearing on behalf of the appellant has submitted a letter, dated 1.6.2015, to the Registry, seeking to withdraw the above Civil Miscellaneous Appeal. He has also made an endorsement to that effect.

2. At this stage of the hearing of the matter, the learned counsel appearing on behalf of the respondent had submitted that an order had been passed by this Court, dated 20.4.2011, recording the statement of the learned counsel appearing on behalf of the appellant herein to the effect that the appellant would not encumber the property bearing door No.1, Subramaniar Koil Street, Velacherry, Chennai-42, till the disposal of the Appeal. He had further submitted that, as the Civil Miscellaneous Appeal is being withdrawn by the appellant, it may be observed by this Court that the respondent would have the liberty to pursue her legal remedies, if any, before the appropriate forum, in the manner known to law. https://hcservices.ecourts.gov.in/hcservices/

3. In such circumstances, in view of the endorsement made by the learned counsel appearing on behalf of the appellant, this Civil Miscellaneous Appeal is dismissed, as having been withdrawn. It goes without saying that it would be open to the respondent to pursue her legal remedies, if any, with regard to the property in question, before the appropriate forum, in the manner known to law. No costs. M.P.No.1 of 2011 is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gs.

To The Judge, The Principal Family Court, Chennai. Copy to: The Section Officer, Vr Section, High Court, Madras.

+ 1 cc to Mr.G.Krishnakumar, Advocate Sr.26986 + 1 cc to Mr.N.V.V. Krishna, Advocate sR.26466 CMA No.101 of 2011 EV(CO) EU 14.07.15 https://hcservices.ecourts.gov.in/hcservices/