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Madras High CourtCMP/22325/2017disposed of

L.Perumaisamy v. C.Padmavathy

2017-12-22Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN CMP No.22325 of 2017 in CMA No.SR98012 of 2017 and CMA No.SR98012 of 2017 L.Perumalsamy ... Petitioner in CMP & and Appellant in CMA - Vs -

1. C.Padmavathy

2. Minor P.Tharani D/o.L.Perumalsamy Rep by mother and Natural Guardian Mrs.C.Padmavathy ... Respondents in both CMP & CMA Prayer in CMP No.22325/2017:- This petition has been filed under Section 19(3) of Family Court Act, praying to condone the delay of 61 days in filing above Appeal against order dated 07.06.2017 made in I.A.No.3243 of 2013 in O.P.No.4072 of 2011 on the file of III Additional Family Court, Chennai. Prayer in CMA No.SR98012/2017:- Civil Miscellaneous Appeal has been filed under Section 19(3) of Family Court Act, praying to set aside the judgment and decree dated 07.06.2017 made in I.A.No.3243 of 2013 in O.P.No.4072 of 2011 on the file of III Additional Family Court, Chennai.

For Petitioner : Mr.K.Sudhakar For Respondents: M/s.D.Arokiyamary Sofia ***

ORDER

(Order of the Court was made by C.T.SELVAM, J) Civil Miscellaneous Petition No.22325 of 2017 has been filed to condone the delay of 61 days in filing the Civil Miscellaneous Appeal against order dated 07.06.2017 made in I.A.No.3243 of 2013 in O.P.NO.4072 of 2011 on the file of III https://hcservices.ecourts.gov.in/hcservices/

Additional Family Court, Chennai.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. Without going into the aspect of delay, on merits, this Court finds no error in the order under challenge. Hence, CMP No.22325 of 2017 in CMA No.SR98012 of 2017 is dismissed. Accordingly, CMA No.SR98012 of 2017 is rejected. No costs.

4. However, we find that the main case in O.P.No.4072 of 2011 is pending for several years. There shall be a direction to the Court below to dispose of the main O.P.No.4072 of 2011 as expeditiously as possible, in any event, not later than four(4) months from the date of receipt of a copy of this order.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To The Judge, III Addiitonal Family Court, Chennai.

+1cc to Mr.K.Sudhakar Advocate SR.No.91876 CMP No.22325 of 2017 in CMA No.SR98012 of 2017 SDR 03.02.2018 https://hcservices.ecourts.gov.in/hcservices/