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Madras High CourtCMA/787/2020dismissed for nonprosecution

B.Durairaj v. D.Satya

2024-10-17Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice R. Kalaimathi4 pages

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 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 Page 1/4

J U D G M E N T

(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 Page 2/4

To The IV Additional Family Court, Chennai.

Page 3/4

J. NISHA BANU, J.

and R.KALAIMATHI,J.

vsi 17.10.2024 Page 4/4