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Madras High CourtAS/367/2007disposed of

B.V.Subramania Pillai(Died) v. B.S.Selvakumar

2020-12-08Honourable Mr Justice S.S. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2020

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR A.S. Nos. 367 and 368 of 2007 A.S. No.367 of 2007

1. B.V.Subramania Pillai (Deceased) ...1st Appellant/1st Defendant 2.Kamalam 3.B.S.Gunasekaran 4.B.S.Neelamegam 5.S.Vasantha Lakshmi 6.Neelambal 7.Madeshwari ... Appellants 2,6 and 7 (Appellants 2 to 7 brought on record as legal representatives of the deceased sole appellant vide order of Court dated 12.12.2019 made in M.P. No.1 of 2012 in A.S. No.367 of 2007) Vs.

1.B.S.Selvakumar ...1st Respondent/Plaintiff 2.R.Janakiammal 3.A.Gunasundari 4.N.Dhanalakshmi 5.M.Baggialakshmi 6.S.Sakilambal 7.B.R.Mohanraj 8.L.Rukmaniammal ...Respondents 2 to 8/Defendants 2 to 8 9.L.Ravi 10.L.Mahalakshmi 11.G.Gowri 12.B.V.Krishnamoorthy

13. A.Rajammal 14.K.Alangaram ... Respondents 9 to 14/Defendants 9 to 14 (R2,3,5,6,8 to 14 given up) Appeal suit filed under Section 96 of Civil Procedure Code against the judgment and decree dated 27.04.2006 made in O.S.

No.3 of 2004 on the file of the Additional District Court - Fast Track Court No.IV, Bhavani, Erode District.

For Appellants: Mr. T.Murugamanikkam SC for M/s.Zeenath Begum For Respondents - 2,4,7,9,11& 12 : Mr. N.Manokaran For Respondents - 3,5,6,8,10,13 & 14 : Given up R1- No appearance A.S. No.368 of 2007

1. B.V.Subramania Pillai (Deceased) ...1st Appellant/Plaintiff 2.Kamalam 3.B.S.Selvakumar 4.B.S.Gunasekaran 5.B.S.Neelamegam 6.S.Vasantha Lakshmi 7.Neelambal 8.Madeshwari ... Appellants 2 to 8 (Appellants 2 to 8 brought on record as legal representatives of the deceased sole appellant vide order of Court dated 13.10.2020 made in M.P. No.1,2 & 3 of 2012 in A.S. No.368 of 2007) Vs.

1.State rep. by District Collector, Erode District, Erode - 638 011.

2.The Tahsildar, Bhavani Taluk, Taluk Office, Bhavani - 638 302.

3.N.Dhanalakshmi 4.Bhavani Municipality rep. by Commissioner, Bhavani.

5.The Deputy Director of Town & Country Planning, Salem Region, Salem.

... Respondents/Defendants

Appeal suit filed under Section 96 of Civil Procedure Code against the judgment and decree dated 27.04.2006 made in O.S. No.34 of 2004 on the file of the Additional District Court - Fast Track Court No.IV, Bhavani, Erode District. For Appellants : Mr. T.Murugamanikkam SC for M/s.Zeenath Begum For Respondent - 4 : Mr. P.S.Jayakumar For RR1,2,3 and 5 : No appearance COMMON JUDGMENT These appeals are preferred against the judgment and decree of the learned Additional District Court - Fast Track Court No.IV, Bhavani, Erode District made in O.S. Nos.3 & 34 of 2004 dated 27.04.2006.

2. Learned counsel for the appellants has filed a memo in both appeals stating that the parties to the appeals have settled the matter among themselves. He submitted that the appeals can be dismissed as withdrawn.

3. Recording the memo and the submissions of the learned counsel for the appellants, the appellants are permitted to withdraw the Appeals in A.S. Nos.367 & 368 of 2007 as having been settled out of Court.

Accordingly, these appeals are dismissed as settled out of Court. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar bkn To The Additional District Court - Fast Track Court No.IV, Bhavani, Erode District.

Copy to The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.N.Manokaran, Advocate SR.39530 A.S. Nos.367 & 368 of 2007 vd[co] srg 09/03/2021