Madras High CourtCMSA(MD)/30/2012dismissed for nonprosecution

Kandasamy v. Thavasimuthu

2022-01-12Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.M.S.A.(MD)No.30 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.S.A.(MD)No.30 of 2012 Kandasamy ...Appellant/Petitioner Vs.

Thavasimuthu

...Respondent/Respondent

PRAYER: Civil Miscellaneous Second Appeal filed under Section 100 of Civil Procedure Code r/w under Section 13(1)(14) of Hindu Marriage Act 1955, to set aside the decree and judgment, dated 13.10.2010 in HMCMA.No.5 of 2009 on the file of the Additional District Court, Virudhunagar (Fast Track Court) confirming the judgment and decree, dated 30.10.2008 passed in H.M.O.P.No.10 of 2006 on the file of the Sub Court, Virudhunagar.

For Appellant :No Appearance For Respondent :Mr.R.Alagumani

JUDGMENT

When the Civil Miscellaneous Second Appeal was taken up for hearing on 22.12.2021, there was no representation for the appellant and therefore, the matter was posted under the caption 'for dismissal' on 12.01.2022. Even today, i.e., 12.01.2022 there is no representation for the appellant.

2. In view of the same, the Civil Miscellaneous Second Appeal is dismissed for non prosecution. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.S.A.(MD)No.30 of 2012 To 1.The Additional District Judge, Fast Track Court, Virudhunagar.

2.The Sub Judge, Virudhunagar.

C.M.S.A.(MD)No.30 of 2012 MGJ(28.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2