B.Anishkanna v. Chellammal (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.Nos.2495, 2561, 2563, 2686 & 2678 of 2022 [S.A.No.118 of 2022] B.Anishkanna ... Appellant Vs.

Chellammal (died) 1.D.Rathinam 2.K.Balakrishnan 3.P.Dhanasekar . . . Respondents 1/7

[S.A.No.120 of 2022] B.Anishkanna ... Appellant Vs.

1.K.Balakrishnan Chellammal (died) 2.D.Rathinam 3.P.Dhanasekar . . . Respondents [S.A.No.129 of 2022] B.Anishkanna ... Appellant Vs.

1.P.Dhanasekar

2. K.Balakrishnan Chellammal (died) 3.D.Rathinam . . . Respondents 2/7

Prayer in S.A.No.118 of 2022:- Second Appeal is filed under Section 100 of C.P.C to set aside the judgement and Decree dated 21.04.2021 made in A.S.No.20 of 2013 on the file of the I Additional Subordinate Judge, Erode partly allowing the judgement and decree dated 31.10.2012 made in O.S.No.302/2009 on the file of the II Additional District Munsif Court, Erode by allowing the present Second Appeal. For Appellant : M/s.S.Arunprasath For Respondents : Not ready in notice [R.1 to R.3] Prayer in S.A.No.120 of 2022:- Second Appeal is filed under Section 100 of C.P.C to set aside the judgement and Decree dated 21.04.2021 made in AS.No.40 of 2014 on the file of the I Additional Subordinate Judge, Erode partly allowing the judgement and decree dated 31.10.2012 made in OS.No.302/2009 on the file of the II Additional District Munsif Court, Erode by allowing the present Second Appeal. 3/7

For Appellant : M/s.S.Arunprasath For Respondents : Not ready in notice [R.1 & R.3] : No appearance [R.2-served] Prayer in S.A.No.129 of 2022:- Second Appeal is filed under Section 100 of C.P.C to set aside the judgement and Decree dated 21.04.2021 made in AS.No.40 of 2014 on the file of the I Additional Subordinate Judge, Erode partly allowing the judgement and decree dated 31.10.2012 made in OS.No.302/2009 on the file of the II Additional District Munsif Court, Erode by allowing the present Second Appeal. For Appellant : M/s.S.Arunprasath For Respondents : Not ready in notice [R.1 & R.3] : No appearance [R.2- served] 4/7

COMMON JUDGEMENT The learned counsel for the appellant has given a letter dated 23.01.2024 stating that the parties have settled their dispute amicably and therefore they may be permitted to withdraw the above Second Appeals. He has also made an endorsement to that effect.

2. In view of the above, the Second Appeals are dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petitions are closed.

13.02.2024 Index: Yes/No Speaking order/non-speaking order shr 5/7

To

1. The I Additional Subordinate Judge, Erode.

2. The II Additional District Munsif Court, Erode .

3. The Section Officer, V.R.Section, High Court, Madras.

6/7

P.T.ASHA, J., shr and C.M.P.Nos.2561, 2686, 2495, 2678 & 2563 of 2022 13.02.2024 7/7