Rajeswari W/O Bakthavachalam (Died) v. Narayanan S/O Natesa Padayachi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE S.SOUNTHAR A.S.No.779 & 780 of 2012 and M.P.No.1 of 2012 & CMP.No.19220 of 2022 A.S.No.779 of 2012 Rajeswari (Died)

2. Venance Kamala

3. Venance Mourouga Ravy

4. Venance Malliaga (Sole Appellant died, A2 to A4 are brought on record as LRs of deceased sole appellant, vide order of Court dated 30.01.2025 made in CMP.Nos.19512, 19517 & 19519 of 2024 in A.S.No.779 of 2012) ... Appellants Vs.

1. Narayanan

2. Amudha

3. Sathyanarayanan

4. Loganayaki (Died)

5. The Commissioner, Cuddalore Municipality,

having office at Municipal Buildings, Bharathi Road, Cuddalore - 607 001.

6. Director of Town & Country Planning, Chengalpattu, having office at Chengalpattu

7. Deputy Director of Town & Country Planning having office at Cuddalore.

8. District Registrar, having office at Cuddalore.

9. Sub-Registrar, Joint - II, Cuddalore.

Having office at Cuddalore.

10. Mala @ Bhuvaneswari (Respondents 5 to 9 are not necessary parties in this appeal)

11. Parandhaman (4th respondent died, R11 brought into record as LRs of the deceased 4th respondent viz., (Loganayaki) vide Court order dated 09.02.2022 made in CMP.Nos.14345, 14347 & 14343 of 2021 in A.S.No.779 of 2012) ... Respondents A.S.No.780 of 2012 Rajeswari (By Power of Attorney agent K.Nagarajan) ... Appellant

Vs.

1. Mala @ Bhuvaneswari

2. Loganayaki (Died)

3. Narayanan

4. Vasanthi

5. Parandhaman (2nd respondent died, R5 brought into record as LRs of the deceased 2nd respondent viz., (Loganayaki) vide Court order dated 09.02.2022 made in CMP.Nos.14349 to 14351 of 2021 in A.S.No.780 of 2012) ... Respondents COMMON PRAYER: Appeal Suits filed under Section 96 of the Civil Procedure Code, to set aside the Judgment and Decree passed on 26.08.2011 in O.S.Nos.200 & 7 of 2010 on the file of the learned Additional District Judge, Fast Track Court - II, Cuddalore. For Appellants in both petitions : Mr.S.C.Viswanath For Respondents in A.S.No.779/2012 : Mr.M.Kaviveerappan for R1 : No Appearance for R2 & R3 : R4-Died : Mr.G.Nanmaran Special Government Pleader for R5 to R9 : Mr.S.William for R10 : Mr.R.Dhanasekaran for R11

For Respondents in A.S.No.780/2012 : Mr.S.William for R1 : R2-Died : Mr.M.Kaviveerappan for R3 : Mr.N.Subramanian for R4 : Mr.R.Dhanasekaran for R5 C O M M O N O R D E R These Appeals have been filed to set aside the Judgment and Decree passed on 26.08.2011 in O.S.Nos.200 & 7 of 2010 on the file of the learned Additional District Judge, Fast Track Court - II, Cuddalore.

2. The learned counsel appearing for the appellants filed a memo dated 03.09.2025 seeking leave of the Court to withdraw the appeals.

3. The learned counsel appearing for the 11th respondent in A.S.No.779 of 2012 and fifth respondent in A.S.No.780 of 2012 opposed the memo filed by the learned counsel for the appellants.

4. The 11th respondent in A.S.No.779 of 2012 and fifth respondent in A.S.No.780 of 2012 has not filed any appeal or cross-appeal challenging the finding of the trial Court. Therefore, he is not entitled to oppose the plea raised by the learned counsel appearing for the

appellants. Memo is recorded. Both the appeals are dismissed as withdrawn. Consequently, connected Miscellaneous Petitions are closed. No costs.

04.09.2025 dh To

1. The Commissioner, Cuddalore Municipality, having office at Municipal Buildings, Bharathi Road, Cuddalore - 607 001.

2. Director of Town & Country Planning, Chengalpattu, having office at Chengalpattu

3. Deputy Director of Town & Country Planning having office at Cuddalore.

4. District Registrar, having office at Cuddalore.

5. Sub-Registrar, Joint - II, Cuddalore.

Having office at Cuddalore.

S.SOUNTHAR, J.

dh 04.09.2025