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Madras High CourtCMA/2861/2019withdrawn dismissed

P.Bharath v. P.Saraswathi

2023-03-21Honourable Mr Justice D. Krishnakumar,Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023 Coram THE HON'BLE MR JUSTICE D. KRISHNAKUMAR AND THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI CMA.No.2861 of 2019 and CMP.No. 14945 of 2019 P.Bharath ..Appellant Vs P.Saraswathi ..Respondent Prayer :This Civil Miscellaneous Appeal is filed under Section 19 of Family Court Act to set aside the Decree and Judgment dated 09.05.2019 passed in I.A.No.967 of 2018 in F.C.O.P.No. 244 of 2018 by the Judge, Family Court, Vellore.

For Appellant :

M/s.S.Sairaman For respondent :

Mr.D.Thirumoorthy, For Mrs. S.P.Arthi

JUDGMENT

[Judgement of the Court was made by D.KRISHNAKUMAR,J.] This Civil Miscellaneous Appeal is preferred by the appellant as against the Decree and Judgment dated 09.05.2019 passed in I.A.No.967 of 2018 in F.C.O.P.No. 244 of 2018 by the Judge, Family Court, Vellore.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the appellant has produced a letter dated 17.03.2023 addressed by the appellant to him, wherein the appellant has stated that a compromise had been arrived out of court with his wife Saraswathy/ respondent herein. Hence requested to not press the present Civil Miscellaneous Appeal. The learned counsel for the appellant has also made an endorsement to this effect.

3. The learned counsel for the respondent made an attempt to make submissions on merits.

4. In view of the aforesaid stand taken by the appellant, it would not be proper to permit the learned counsel for the respondent to argue the case on merits.

5. Hence, recording the statement made by the appellant in his letter dated 17.03.2023 and the endorsement made by the learned counsel for the appellant, the instant Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.J.] [K.G.T.J.] 21.03.2023 Speaking/Non Speaking Judgment Index: Yes/No ak

To

1. The Judge, Family Court, Vellore.

2. The Section Officer, V.R.Section, High Court, Madras.

D. KRISHNAKUMAR, J.

AND K. GOVINDARAJAN THILAKAVADI, J ak CMA.No.2861 of 2019 and CMP.No. 14945 of 2019 21.03.2023