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Madras High CourtCMA/770/2006dismissed

T. Senthilkumar v. M. Nirmala

2017-01-04Honourable Mr Justice R. Subramanian,Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.M.A.(NPD).No.770 of 2006 T.Senthilkumar .. Appellant Vs.

M.Nirmala .. Respondent Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act against the order and decree dated 09.09.2005 in H.M.O.P.No.27 of 2004 on the file of the Family Court, Coimbatore. For appellant : No appearance For respondent : Mr.Ma.P.Thangavel

JUDGMENT

(The Judgment of the Court was delivered by Pushpa Sathyanarayana,J) The counsel who appeared for the appellant on 30.11.2011, has earlier reported no instructions. Thereafter, on 02.04.2012, fresh notice was directed to be taken to the appellant through Court. When the appeal was subsequently listed on 30.11.2016, there was no representation for the appellant and the learned counsel for the respondent was directed to take

fresh private notice to the respondent. However, it is stated that the appellant though originally resided in the address stated at the time of filing of the O.P., has subsequently vacated and his present address is not known. Hence, notice was not able to be served on him. Hence, we dismiss this appeal for non-prosecution. No costs. (P.S.N.J) (R.S.M.J) 04.01.2017 cs Copy to

1. The Judge, Family Court, Coimbatore.

2. The Record Keeper, V.R. Section, High Court, Madras.

PUSHPA SATHYANARAYANA, J and R.SUBRAMANIAN, J cs C.M.A.(NPD).No.770 of 2006 04.01.2017

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