H.Rajesh v. Priya @ Jenifer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HON`BLE MR JUSTICE N. KIRUBAKARAN AND THE HON`BLE MR JUSTICE ABDUL QUDDHOSE CMA NO.1552 OF 2018 H.RAJESH ...APPELLANT Vs PRIYA @ JENIFER ... RESPONDENT Prayer:Appeal against the fair and decreetal order dated 22/02/2018 and made in I.A.No.2345 of 2016 in O.P.No.203 of 2016 on the file of the VII Additional Principal Judge, Family Court, Chennai.

ORDER:This Appeal coming on for hearing on this day, Tuesday, the Thirtieth day of March Two Thousand and Twenty One "for being Mentioned" upon perusing the records of Appeal, the order of this Court and the presence of Mr.R.Sundar Rajan, Advoate for the Appellant and Mr.P.Chandrasekar, Advocate for the Respondent and this Court made the following order;

(Order of the Court was made by N.Kirubakaran, J) This matter has been listed under the caption " For Being Mentioned".

2.When the matter is called today, the learned counsel appearing on behalf of both the parties represented that subsequent to the order passed by this Court on 15/07/2019, the learned VII Additional Principal Judge, Family Court, Chennai, has dismissed O.P.No.203 of 2016 for default. A perusal of the records also reveals the same.

3.Since by an order dated 15/07/2019, this Court has already directed the learned VII Additional Principal Judge, Family Court, Chennai to transfer O.P.No.203 of 2016 pending on its file to the file of this Court, the order passed by the learned VII Additional Principal Judge, Family Court, Chennai, dated

21.11.2019 dismissing the O.P.No.203 of 2016 for default is liable to be set aside and accordingly set aside. 4.Registry is directed to renumber the O.P.No.203 of 2016 which was already received from the file of learned VII Additional Principal Judge, Family Court, Chennai as Civil Revision Petition, immediately.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The VII Additional Principal Judge, Family Court, Chennai.

2.The Judicial Magistrate, Thiruvothiyur.

Copy to 1.The Assistant Registrar (Main A.E) Civil, High Court, Madras.

2.The Sub Assistant Registrar, Judicial Department, High Court, Madras.

3.The Sub Assistant Registrar, A.E.Section(Main AE Civil) High Court, Madras.

(To be renumber the O.P.) 4.The Section Officer, VR Section, High Court, Madras.

Dated:30/03/2021

ORDER

CMA No.1552 of 2018 Given direction to Registry and etc., as stated therein.

Rld[co] srg 06/08/2021