← Library
Madras High CourtCMA/973/2016dismissed for nonprosecution

G.Bhuvaneswari @ Bhuvani v. Arjunan

2023-06-12Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HON'BLE MRS. JUSTICE J. NISHA BANU AND THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY G. Bhuvaneswari @ Bhuvani ... Appellant/ petitioner Vs.

Arjunan

...Respondent

PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, to allow the appeal by setting aside the order of dismissal dated 16.02.2013 in H.M.O.P. 29 of 2014 on the file of Family Court Judge of Erode (old H.M.O.P. N: 224 of 2011 on the file of Principal Subordinate Judge of Erode) consequently pass a Decree of divorce in favour of appellant / Petitioner.

For Appellant : Mr. R. Aranganathan.

For Respondent : Steps due

ORDER

When the matter came up for hearing on 05.06.2023, learned counsel for the appellant has stated that he was not able to contact his client Page No:1/3

and sought adjournment to get instructions from his client. Hence, the matter was directed to be posted on 12.06.2023.

2. Today(12.06.2023) when the matter is taken up for hearing, the learned counsel for the appellant would submit that he is not able to get instructions from his client.

3. On perusal of the records, it is seen that even steps has not been taken to serve notice on the respondent from the year 2016. Therefore, it can now be inferred that the Appellant is not interested to prosecute this Civil Miscellaneous Appeal. Accordingly, the Civil Miscellaneous Appeal is dismissed for non-prosecution. No costs.

(J.N.B,J.) (D.B.C,J.) Msv 12.06.2023 Page No:2/3

J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

Msv C.M.A. 973 of 2016 12.06.2023 Page No:3/3