Madras High CourtCMSA(MD)/17/2017dismissed

Mahalingam v. Hemamalini, D/O.Murugesan,

2018-09-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday,the third day of September, Two Thousand and Eighteen present THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.S.A.(MD).No.17 of 2017 V.Mahalingam ... Appellant/Appellant/ Petitioner Vs.

M.Hemamalini ... Respondent/Respondent/ Respondent PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act, 1955,r/w Section 100 of Civil Procedure Code, 1908, to set aside the Judgment and decree dated 11.03.2011 made in CMA No.20 of 2010 on the file of the First Additional Sessions Judge (PCR),Thanjavur, confirming the Judgment and decree dated 27.04.2010 made in HMOP NO.108 of 2005, on the file of the Principal Subordinate Judge, Thanjavur, with costs throughout. DECREE: This Civil Miscellaneous Second Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the Judgment and Decree of the Lower Appellate Court and the Court of First instance and the material papers in the Appeal and upon hearing the arguments of Mr.Ajmal Khan, Senior Counsel for M/s.

Ajmal Associates for the Appellant and Mr.M.P.Senthil for the respondent, and this Court doth order and decree as follows: 1)That the Judgment and decree dated 11.03.2011,made in CMA No.20 of 2010 by the First Additional Sessions Judge(PCR), Thanjavur confirming the Judgment and decree dated 27.04.2010 made in HMOP NO.108 of 2005, by the Principal Subordinate Court, Thanjavur be and hereby are confirmed and the Civil Miscellaneous Second Appeal is Dismissed.

2)that there be no costs in this Civil Miscellaneous Second Appeal.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

To 1.The First Additional Sessions Judge(PCR), Thanjavur.

2.The Principal Subordinate Judge, Thanjavur. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.A.Arumugam, Advocate, SR.No. 81964 +1cc to Mr.M.P.Senthil, Advocate, SR.No.81995 DATED: 03.09.2018 DECREE C.M.S.A.(MD).No.17 of 2017 Dismissing the Appeal preferred against the Judgment and decree dated 11.03.2011 made in CMA No.20 of 2010 on the file of the First Additional Sessions Judge(PCR), Thanjavur, confirming the Judgment and decree dated 27.04.2010 made in HMOP No.108 of 2007, on the file of the Principal Subordinate Judge, Thanjavur etc., as stated within.

KK/SAR-/29.03.2019/2P-7C https://hcservices.ecourts.gov.in/hcservices/