Madras High Court
OSA/250/2023 of S.SAKTHIVEL Vs ABIRAMI KALYANASUNDARAM on 16 October 2026
OSA No. 250 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE D.LINGESWARAN
OSA No. 250 of 2023
CNR:{HCMA011779372023}
&
CMP No. 29288 of 2023
S.Sakthivel
S/o R. Sundaravadivelu
..Appellant(s)
Vs
Abirami Kalyanasundaram
D/o Kalayanasundaram
..Respondent(s)
Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with Clause 15 of Letters Patent to set aside the order dated 28- 06-2023 passed in A.No.223/2018 in O.P.No.860/2016.
For Appellant(s):
Mr.S.P.Vijayaragavan
For Respondent(s):
Mr.Daniel Dwight
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Judgment
(Judgment of the Court was delivered by N.Sathish Kumar J.) When the matter is taken up for hearing, Mr. S. P. Vijayaragavan, learned counsel appearing for the appellant, submits that he has given a change of vakalat and has handed over the case bundle to the appellant. However, there is
OSA No. 250 of 2023
no appearance on behalf of the appellant, either in person or through learned counsel
3. We are of the view that since this appeal is filed against an order passed in an interim application seeking appointment of a Guardian Ad Litem or alternatively, to admit the Child Master Shivdevan to a boarding school and as the records reveal that the minor has now completed nearly 16 years of age, the appellant is no longer interested in prosecuting the appeal. Hence, we have no other option but to dismiss the appeal for non-prosecution.
4. Accordingly, this appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (N.S.K.,J.) (D.L.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa
OSA No. 250 of 2023
N.SATHISH KUMAR J. AND D.LINGESWARAN J. gpa OSA No. 250 of 2023 and CMP No. 29288 of 2023 16-10-2026