Madras High CourtCMA(MD)/178/2019dismissed as infructuous

R.Natarajan v. Thirunavukarasi

2024-04-03Honourable Mr Justice N. Seshasayee,Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE P.VADAMALAI C.M.A.(MD) No.178 of 2019 R.Natarajan ... Appellant / Respondent Vs.

Thirunavukarasi ... Respondent / Petitioner Prayer: Appeal filed under Section 19 of Family Court Act to call for the records pertaining to the order of Decree and Judgment in H.M.O.P.No.213 of 2014, dated 01.09.2018 passed by the learned Judge of Family Court, Dindigul and set aside the same.

For Appellant :

Mr.R.M.Makesh Kumaravel For Respondent :

Mr.K.Suresh Kumar

JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.) The present Appeal is preferred by the respondent in H.M.O.P.No.213 of 2014 on the file of the Family Court, Dindigul, which the respondent had filed seeking restitution of conjugal rights against the appellant. This was ordered by the trial Court vide its order on 01.09.2018.

2. The learned counsel appearing for the appellant makes a submission that the appellant has passed away.

3. In view of the same, given the nature of cause of action, nothing survives for consideration in this appeal.

4. The Civil Miscellaneous Appeal is dismissed as having become infructuous. No costs.

(N.S.S., J.) (P.V.M., J.) 03.04.2024 NCC : Yes/No Index : Yes/No Internet : Yes TSG To 1.The Judge, Family Court, Dindigul.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

N. SESHASAYEE, J.

and P.VADAMALAI, J.

TSG C.M.A.(MD).No.178 of 2019 03.04.2024