Madras High CourtCMA(MD)/874/2019closed

G.Raama Chakravarthy v. Nagalakshmi @ Priya

2020-02-05Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

C.M.A.(MD) Nos.874 & 875 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN C.M.A.(MD) Nos.874 & 875 of 2019 and C.M.P.(MD) Nos.11636 & 11637 of 2019 G.Raama Chakravathy ... Appellant in both appeals / Respondent -vsNagalakshmi @ Priya ... Respondent in both appeals / Petitioner PRAYER (in C.M.A.(MD) No.874 of 2019) : Civil miscellaneous appeal filed under Section 19 of Family Courts Act, against the fair and decreetal order in I.A.No.401 of 2015 in H.M.O.P.No.339 of 2014, dated 26.12.2018, on the file of Family Court, Trichy. PRAYER (in C.M.A.(MD) No.875 of 2019) : Civil miscellaneous appeal filed under Section 19 of Family Courts Act, against the fair and decreetal order in I.A.No.402 of 2015 in H.M.O.P.No.339 of 2014, dated 26.12.2018, on the file of Family Court, Trichy. For Appellant :

Mr.H.Lakshmi Shankar (in both appeals) For Respondents :

Mr.C.Jeyaprakash (in both appeals) C O M M O N J U D G M E N T [Judgment of the Court was made by M.DURAISWAMY, J.] It is brought to the notice of this Court by the learned counsel on either side that the original petition in H.M.O.P.No.339 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD) Nos.874 & 875 of 2019 of 2014, on the file of the Family Court, Trichy, has been dismissed for non-prosecution on 12.02.2019.

2. In these circumstances, Mr.H.Lakshmi Shankar, learned counsel appearing for the appellant, submitted that the civil miscellaneous appeals may be closed for the present and liberty may be granted to the appellant to restore the civil miscellaneous appeals in the event of the original petition in H.M.O.P.No.339 of 2014 being restored to file. The learned counsel appearing for the appellant has also made an endorsement to that effect.

3. In view of the same, the civil miscellaneous appeals are closed. However, in the event of the original petition in H.M.O.P.No.339 of 2014, on the file of the Family Court, Trichy, being restored to file, the appellant is at liberty to file appropriate application for restoring the civil miscellaneous appeals. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

The Judge, Family Court, Trichy.

+1 CC to M/s.H.LAKSHMI SHANKAR, Advocate ( SR-4912[F] dated 06/02/2020 ) +1 CC to M/s.C.JEYAPRAKASH, Advocate ( SR-4926[F] dated 06/02/2020 ) C.M.A.(MD) Nos.874 & 875 of 2019 and C.M.P.(MD) Nos.11636 & 11637 of 2019 05.02.2020 krk SDS (14.02.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2