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Madras High CourtCMSA/14/2015dismissed for nonprosecution

Kala v. T Sezhiyan

2021-02-23Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.M.S.A.No.14 of 2015 and M.P.No.1 of 2015 Kala .. Appellant Vs.

T.Sezhiyan .. Respondent PRAYER This Civil Miscellaneous Second Appeal is filed under Section 28 of the Hindu Marriage Act, r/w Section 100 of C.P.C., against the fair and decreetal order dated 12.03.2015 passed in C.M.A.No.9 of 2013 on the file of the II Additional District Court, Chidambaram in confirming the fair and decreetal order dated 30.01.2013 passed in H.M.O.P.No.17 of 2007 on the file of the Sub Court, Chidambaram. For Appellant : No appearance For Respondent : Mr.M.Devaraj

JUDGMENT

When the matter was listed for hearing on 08.02.2021, none appeared on behalf of the appellant. Thus, this Court passed an order, directing the Registry to list the matter on 10.02.2021 under the caption "For Dismissal".

2. Again, when the matter was listed for hearing on 15.02.2021, there was also no representation on behalf of the appellant. In order to give one more opportunity, this Court once again passed an order, directing the Registry to list this matter under the caption "For Dismissal" on 17.02.2021.

3. When the matter is taken up for hearing today i.e., on 23.02.2021, none appeared for the appellant. Thus, it is evident that the appellant is not interested in pursuing the matter. Accordingly, the Civil Miscellaneous Second Appeal in C.M.S.A.No.14 of 2015 stands dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) https://hcservices.ecourts.gov.in/hcservices/ //True Copy// Sub Assistant Registrar

Kak To 1.The II Additional District Court, Chidambaram 2.The Subordinate Judge, Chidambaram.

+1cc to Mr.M.Devaraj, Advocate SR.No. 11545 C.M.S.A.No.14 of 2015 A.SK(22.03.2021) https://hcservices.ecourts.gov.in/hcservices/