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Madras High CourtCMA/266/2020dismissed for nonprosecution

J.Sujithkumar v. Jenifer

2024-09-11Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI Sujithkumar ..Appellant Vs.

Jenifer ..Respondent Prayer: Civil Miscellaneous Appeal filed under Section 19 (1) of Family Courts Act against the fair and decreetal of the learned Principal District Judge, Salem, dated 31.07.2019 in I.D.O.P.No.258/2016. For Appellant : No appearance For Respondent : Mr.K.Sathish Kumar

J U D G M E N T

(The order of the Court was made by Mrs.J.Nisha Banu,J.) When the Civil Miscellaneous Appeal was taken up for hearing on 26.07.2024, learned counsel for the appellant stated that he has given Page 1/4

change of vakalat for the appellant. Therefore, this Court had directed the Registry to print the name of the appellant in the cause list and issued notice to the appellant.

2. When the matter was called on 12.08.2024, the name of the appellant was printed in the cause list and since the service of notice to the appellant was awaited, the matter got adjourned to 27.08.2024.

3. Today when the matter is called, though the notice has been served on the appellant on 06.08.2024, once again there is no representation for the appellant. This Court has taken all it's efforts to communicate the appellant, however, it appears that the appellant is not willing to get along with the case. Therefore, we have no other option except to dismiss the Civil Miscellaneous Appeal for non-prosecution. Accordingly, the Civil Miscellaneous Appeal is dismissed for nonprosecution. No costs. (J.N.B,J.) (R.K.M., J.) Index : Yes / No 11.09.2024 Internet : Yes sk Page 2/4

To The Principal District Judge, Salem Page 3/4

J. NISHA BANU, J.

and R.KALAIMATHI,J.

sk 11.09.2024 Page 4/4