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Madras High CourtCMSA(MD)/60/2021dismissed

B.Ganesan v. V.Vijayalakshmi

2023-02-13Honourable Mr Justice K.Murali Shankar2 pages

CMSA(MD). No.60 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMSA(MD). No.60 of 2021 B.GANESAN ... Appellant/Appellant/Petitioner Vs V.VIJAYALAKSHMI ... Respondent/Respondent/Respondent Prayer :- This Civil Miscellaneous Second Appeal filed under sec 28 of Hindu Marriage Act R/W Sec 100 of C.P.C., prefers against the decree and Judgment dated 14.03.2019 made in HMCMA No.02 of 2018 on the file of the Additional District Judge, (Fast track), Theni, confirming the order and decreetal order dated 04.11.2017 in HMOP No. 107 of 2013 on the file of the Sub Judge, Theni, for the following among other.

Decree:- Civil Miscellaneous Second Appeal coming on for hearing on Tuesday, The Eight day of November, Two Thousand and Twenty Two and upon perusing the grounds of Appeal, the judgment and Decrees 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.M.Maran, Advocate for the Appellant and for the Respondent no appearance either in person or by an Advocate, having stood over for consideration till this date, doth order and decree as follows:- i)That the decree and Judgment dated 14.03.2019 made in HMCMA No.02 of 2018 on the file of the Additional District Judge, (Fast track), Theni, confirming the order and decreetal order dated 04.11.2017 in HMOP No. 107 of 2013 on the file of the Sub Judge, Theni, be and hereby confirmed and the Civil Miscellaneous Second Appeal is dismissed; and ii)that the Appellant herein/Petitioner do pay a sum of Rs.10/- (Rupees Ten only)to the Respondent being the cost incurred in this Civil Miscellaneous Appeal (Cost memo not filed) https://www.mhc.tn.gov.in/judis 1/2

CMSA(MD). No.60 of 2021 MEMORANDUM OF COSTS (Respondent Cost) Stamp for Vakalatnama - 10.00 Advocate's Fee - NIL ------- - 10.00 ------- Sd/- Assistant Registrar (CS-II) // True Copy // /03/2022 Sub Assistant Registrar(CS) TO 1.The Additional District Judge, (Fast track), Theni. 2.The Sub Judge, Theni, Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.M.MARAN, Advocate ( SR-8325 dated 15/02/2023 ) ORDER DATED : 13/02/2023 ========================== DECREE ========================== CMSA(MD). No.60 of 2021 Dismissing the CMSA(MD). No.60 of 2021, preferred against against the decree and Judgment dated 14.03.2019 made in HMCMA No.02 of 2018 on the file of the Additional District Judge, (Fast track), Theni, confirming the order and decreetal order dated 04.11.2017 in HMOP No.

107 of 2013 on the file of the Sub Judge, Theni etc. as stated within.

RS (17.03.2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2