Athiveeraramar Pandian vs R.Poosathurai on 12 October, 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12.10.2017

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

C.M.A(MD)No.1568 of 2006
and
M.P.(MD)No.2 of 2006

1.Athiveeraramar Pandian
2.Rameswari … Appellants/ Respondents

Vs.

R.Poosathurai … Respondent/Petitioner

PRAYER:- Civil Miscellaneous Appeal filed under Section 47 of Guardian and
Wards Act 1890, against the order dated 17.08.2005 passed in G.W.O.P.No.119
of 2003 by the Hon’ble I-Additional District Judge, Tirunelveli.

!For Appellants :M/s.Porkodi Karanan

^For Respondent :Mr.M.Sathia Moorthy

:JUDGMENT

This Civil Miscellaneous Appeal has been filed by the Athiveeraramar
Pandian and Rameswari under Section 47 of Guardian and Wards Act 1890,
against the order dated 17.08.2005 passed in G.W.O.P.No.119 of 2003 by the I-
Additional District Court, Tirunelveli.

2.The brief facts of the case:-

One Chellathai and Poosathurai were married on 12.09.1999 and due to
wedlock one male child, namely, Abishek was born on 11.08.2000. After two
years of the child birth the said Chellathai died on 15.05.2002 and then
Poosathurai, who is the natural guardian of the child, took custody of the
minor child as per the order in G.W.O.P.No.119 of 2003, on the file of the I-
Additional District Judge, Tirunelveli and till date the boy is in care and
custody of his father. Aggrieved by the order passed in G.W.O.P.No.119 of
2003, the grandparents/appellants herein had filed C.M.A.(MD) No.1568 of 2006
before this Court seeking to set aside the said order.

3.When the matter was listed today the learned counsel for the
appellants and respondent have filed memo to close the present C.M.A.(MD)
No.1568 of 2006 by considering the fact that the minor Abishek is on the
verge of attaining majority and 18 years is running for the said boy.

4. Now it is seen from the memo that the child Abishek is studying in
Higher Secondary course (+2) and residing with his natural guardian and there
is a cordial relationship between the appellants and the respondent. The
minor Abishek is also frequently visiting and spending his time in both the
grandparents house.

5.Since the said Poosathurai, who is the father of Abishek, is working
in aboard, the case was contested by power of attorney Rajaram Pandian, who
is none other than the paternal grandfather.

6.When the matter came up on 06.10.2017 both the parties agreed to file
a memo to close the present Civil Miscellaneous Appeal and the same has been
filed and produced before this Court.

7.In view of the above memo, this Court has come to the conclusion that
there is no point in continuing this litigation, since it has become
infractuous as on date. The child is happily residing with his father and
both grandparents. Accepting this memo the

C.M.A.(MD) No.1568 of 2006 is disposed of. No Costs. Consequently, connected
miscellaneous petition is closed.

To

1.The Learned I-Additional District Judge,
Tirunelveli.

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

.

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