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Madras High CourtCMA(MD)/866/2014allowed

P.Kasimayan, v. R.Saradha,

2015-01-12Honourable Mr Justice V. S. Ravi,Honourable Dr Justice S. Tamilvanan1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Twelfth day of January Two Thousand Fifteen PRESENT The Hon`ble Dr.Justice S. TAMILVANAN and The Hon`ble Mr Justice V.S.RAVI CMA(MD) No.866 of 2014 P.KASIMAYAN, ..APPELLANT/PETITIONER/RESPONDENT Vs.

R.SARADHA, ..RESPONDENT/RESPONDENT/PETITIONER Civil Miscellaneous Appeal under section 19 of the Family Court's Act, against the order of the Family Court, Madurai dated 03.04.2014 and made in HMOP No.552 of 2011.

DECREE: This appeal coming on for hearing on this day, upon perusing the grounds of Civil Miscellaneous of appeal, the order of the Lower Court, and the court of First Instance and the material papers in the HMOP and upon hearing the arguments of Mr.S.NATESH RAJAA, Advocate for the appellant and of Mr.M.SARANGAN, Advocate for the respondent and a joint memo of compromise signed by both parties and their respective counsel having been filed before this court, this court, while allowing the Civil Miscellaneous Appeal doth order and decree as follows:- i)that the fair and decreetal order passed in HMOP.No.552/2011 dated 03.04.2014 on the file of the Family Court Judge, Family Court, Madurai be and hereby are set aside; and ii)that the matter is remitted back to the trial court namely, the Family Court, Madurai, for hearing both sides. iii)that the both the parties are be and hereby are directed to appear before the court below on 30.01.2015.

iv)that the court below be and hereby is directed to been both sides and their respective counsel and to record the Joint memo of Compromise if it is genuine and voluntarily entered into between the parties to the joint memo of compromise and pass appropriate orders on 30.01.2015. v)that there be no costs in this Civil Miscellaneous Appeal. sd/- Assistant Registrar(T&P) / TRUE COPY / Sub-Assistant Registrar (C.S.) Encl: Joint Memo of Compromise.

TO THE PRESIDING OFFICER, FAMILY COURT, MADURAI. Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1. C.C. to M/S.S.NATES RAJAA Advocate SR.No.1879 ORDER DATED : 12.01.2015 DECREE CMA(MD) No.866 of 2014 Nature of Decree: Allowing this Civil Miscellaneous Appeal in terms of memo of compromise between the appellant and respondent against the fair and decreetal order passed by the Family Court, Madurai made in HMOP.NO.552 of 2011 dated 03.04.2014 etc., stated within.

PBK 29/01/2015 ::1P-4C:

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