V.Shanmugha Gounder (Died) v. D.Bharathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA A.S.No.811 of 2012 and CMP No.679 of 2022

1. V. Shanmugha Gounder (died)

2. S. Kaliammal

3. Pachimuthu

4. S. Balasubramaniam

5. S. Nagaraj

6. S. Sundararajan

7. S. Anandakumar

8. S. Krishnaswamy

9. S. Ganesh ...Appellants 1st appellant died, A2 to A9 brought into record as LRs of the deceased 1st appellant V. Shanmuga Gounder viz., vide court order dated 23.11.2021 made in CMP No.1993 of 2016 in A.S. No.811 of 2012.

Vs.

1. D. Bharathi

2. D. Ayyappa Sankunni

3. D. Manjula

4. V.Palanisamy ...

Respondents Prayer : First Appeal filed under Section 96 CPC against the decree and judgment dated 08.09.2011 made in O.S. No.840/2004 on the file of the Additional District Judge, Fast Track Court No.1, Coimbatore. For Appellants 1 to 5 & 7 to 9 :

Mr. R. Bharath Kumar For 6th Appellant :

Mr. T. Raghavan For R1 to R3 :

Mr. P. Saravana Sowmiyan For R4 :

Mr. K.P. Gopalakrishnan

JUDGMENT

The learned counsel appearing for the appellants submitted that the matter has been settled out of the court. He therefore, sought permission of this Court to withdraw the First Appeal and also made an endorsement to that effect.

2. In view of the submission and endorsement made by the learned counsel for the appellants, the First Appeal is dismissed as withdrawn. No costs. Consequently connected miscellaneous petition is dismissed.

3. Registry is directed to refund the court fee to the appellant in accordance with law.

01.11.2022 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga To 1.Additional District Judge, Fast Track Court No.1, Coimbatore.

2. The Section Officer, VR Section, High Court, Madras.

R. HEMALATHA, J.

bga A.S.No.811 of 2012 and CMP No.679 of 2022 01.11.2022