Balakrishnan v. Vimala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL and CM.A.No.4802 of 2019 and C.M.P.No.5844 of 2020 Balakrishnan ...

Appellant in both the CMAs Vs.

Vimala ...

Respondent in both the CMAs Prayer: This Civil Miscellaneous Appeal is filed under Section 19 f the Family Courts Act r/w section 28 of the Hindu Marriage Act against the order and decretal order dated 08.11.2019 passed in H.M.O.P.No.225 of 2018 on the file of the Family Court at Cuddalore. For Appellant : No appearance For Respondent : Mr.Muralidharan Page 1/4

COMMON JUDGMENT (Judgment of the Court was delivered by J. Nisha Banu, J) When the matter came up for hearing on 03.12.2024, the learned counsel for the appellant was not present and the matter was directed to be listed on 04.12.2024 under the caption ''For dismissal'' by observing as follows:

"On an earlier occasion, counsel for appellant sought adjournment and it was specifically stated that if the appellant does not argue the matter today(03.12.2024), orders will be passed based on the available records.

2. However, today(03.12.2024) when the matter is called, there is no representation for the appellant.

3. Post on 04.12.2024 'for dismissal'.

2. In order to give one more opportunity to the appellant, the matter is listed today. Even today, when the matter is called, there is no representation for the appellant. Learned counsel for the respondent is Page 2/4

present. It appears that the appellant is not interested in prosecuting the case. Therefore, this Court has no other option except to dismiss the appeals for non-prosecution. Accordingly, the Civil Miscellaneous Appeals are dismissed for non-prosecution. No costs. Consequently connected miscellaneous petition is closed.

(J.N.B, J.) (R.S.V., J.) 04.12.2024 vsi To The Family Court at Cuddalore.

Page 3/4

J. NISHA BANU, J.

and R. SAKTHIVEL, J.

vsi and CM.A.No.4802 of 2019 04.12.2024 Page 4/4