Nv Palanisamy v. M Arumugham S/O.(Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN N.V.Palanisamy ... Appellant Vs.

1. M.Arumugham (deceased)

2. Jagathambal

3. Chandrapraba

4. Parimalavalli

5. Uthayakumari

6. Nethaji Manikandan

7. Mahalakshmi ... Respondents (The Respondents 5 & 6 are mentally retarded persons and custody of their mother / guardian Mrs.Jagayambal) (Respondents 2 to 7 brought on record as legal heirs of deceased sole respondent vide order dated 08.06.2015 made in M.P.No.3 of 2015 in A.S.No.138 of 2010) Appeal Suit is filed under Section 96 of the Civil Procedure Code, to set aside the judgement and decree dated 30.10.2009 made in O.S.No.223 of 2007 on the file of the Additional District and Sessions 1/4

Judge (F.T.C.No.3), Coimbatore.

For Appellant : Mr.S.Makesh R2 to R7 - Not ready in notice

JUDGMENT

The learned counsel appearing for the appellant would submit that the 1st respondent / plaintiff had passed away and hence he is instructed to withdraw this appeal suit. He has also filed a memo to the above effect.

2. In view of the same, the memo filed by the appellant is recorded and this Appeal Suit is dismissed as withdrawn. No costs. 10.02.2023 raja Index : yes/no Internet : yes/no To The Additional District and Sessions Judge (Fast Track Court No.3), Coimbatore.

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V.BHAVANI SUBBAROYAN.J., 3/4

raja 10.02.2023 4/4