Madras High CourtCMSA(MD)/54/2011dismissed for default

Pugazhendhi v. K. Thenmozhi

2022-11-18Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :18.11.2022

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Pugazhendhi ... Appellant Vs.

K.Thenmozhi ... Respondent Prayer: This Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act r/w 100 of Civil Procedure Code, against the judgment and decree passed in C.M.A(MD)No.34 of 2010 on the file of the I Additional District and Sessions Judge (PCR), Thanjavur, dated 05.05.2011, confirming the judgment and decree passed in H.M.O.P.No.225 of 2009 on the file of the Principal District Judge, Thanjavur, dated 04.06.2010.

For Appellant : No Appearance For Respondent : Mr.G.S.Asok Adhithyan

JUDGMENT

This Civil Miscellaneous Second Appeal is pending from the year 2011. This case was listed before me on 12.10.2022, 20.10.2022, 03.11.2022 1/4

and 11.11.2022. When the case came up for hearing on 11.11.2022, there was no representation for the appellant. Hence, the case was posted to 18.11.2022 under the caption 'for arguments or for orders'. 2.Today i.e. on 18.11.2022, when the case was taken up for hearing, there was no representation on the side of the appellant. Already sufficient time was granted for the arguments of the appellant. The learned counsel for the respondent was ready for arguments. In the above circumstances, there is no use in keeping the appeal pending any further. 3.Accordingly, this Civil Miscellaneous Second Appeal is dismissed for default with costs.

18.11.2022 Index : Yes/No vsd 2/4

To 1.The I Additional District and Sessions Judge (PCR), Thanjavur.

2.The Principal District Judge, Thanjavur, 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

3/4

R. THARANI, J.

vsd 18.11.2022 4/4