Madras High CourtCMSA(MD)/10/2019disposed of

Karthika, v. Kamalanathan,

2021-12-10Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.M.S.A.(MD)No.10 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.S.A.(MD)No.10 of 2019 and C.M.P(MD)No.1981 of 2019 Karthika

...Petitioner/Respondent/Respondent

Vs.

Kamalanathan

...Respondent/Appellant/Petitioner

PRAYER: Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act & Section 100 of Civil Procedure Code, to set aside the judgment and decree passed in C.M.A.No.31 of 2017, dated 02.08.2018 on the file of the Additional District Judge, Fast Track Court, Kumbakonam, Thanjavur District reversing the judgment and decree passed in H.M.O.P.No.105 of 2014, dated 29.08.2017 on the file of the Principal Sub-Judge, Kumbakonam, Thanjavur District. For Appellant : Mr.A.Thiruvadikumar For Respondent : Mr.T.R.Subramanian

JUDGMENT

This Civil Miscellaneous Second Appeal has been filed to set aside the judgment and decree passed in C.M.A.No.31 of 2017, dated 02.08.2018 on the file of the Additional District Judge, Fast Track Court, Kumbakonam, Thanjavur District reversing the judgment and decree passed in H.M.O.P.No.105 of 2014, dated 29.08.2017 on the file of the Principal Sub-Judge, Kumbakonam, Thanjavur District. 2.When the matter is taken up for hearing, the learned counsel for the respondent submitted that the dispute between the parties has been settled out of Court and one time settlement amount as Rs.7,00,000/- (Rupees Seven lakhs only) also paid to the appellant in the year 2019.

3.Recording the said submission, this Civil Miscellaneous Second Appeal is disposed of. No cost. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.S.A.(MD)No.10 of 2019 Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Additional District Judge, Fast Track Court, Kumbakonam, Thanjavur District.

2.The Principal Sub-Judge, Kumbakonam, Thanjavur District.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.T.R.SUBRAMANIAN, Advocate (SR-38144[F] dated 10/12/2021) +1 CC to M/s.K.VEILMUTHU, Advocate (SR-38178[F] dated 10/12/2021 ) Judgment made in C.M.S.A.(MD)No.10 of 2019 and C.M.P(MD)No.1981 of 2019 10.12.2021 NA(CO) GC(19.01.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2