v. Devisigamani(Died)*

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and C.M.P.Nos.7508 and 16461 of 2019 Velmurugan ... Appellant / Plaintiff .. Vs ..

1.

Deivasigamani (Deceased) 2.

Rogusamy 3.

Thangaraj 4.

Palanisamy 5.

Ponnusamy 6.

D.Pongiyammal 7.

D.Varanavasai [RR-6 and 7 brought on record as LRs.

of the deceased R.1 vide order of Court dated 03.08.2018 made in C.M.P.10511 to 10513 of 2018 in S.A.No.1393 of 2001] ... Respondents Prayer :- Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and decree dated 15.03.2000 made in A.S.No.198 of 1999 on the file of the Principal District Judge, Erode, confirming the judgment and decree dated 29.07.1999 made in

O.S.No.267 of 1998 on the file of the learned Principal District Munsif, Erode and prays to set aside the same.

For Appellant :

Mr.D.Selvaraju For Respondents :

Mr.Murugamanickam, Senior Counsel for Ms.P.T.Ramadevi - - - - -

JUDGMENT

After hearing the learned counsel appearing for the appellant and after perusing the endorsement made by the learned counsel appearing for the appellant, though the appellant seeks liberty to file a fresh suit, on consideration of the fact and the finding rendered by the Trial Court, I am not inclined to grant liberty to the appellant. Accordingly, the Second Appeal is permitted to be withdrawn and the same is dismissed. There shall be no order as to costs. The connected miscellaneous petitions are closed.

26.08.2019 Index : Yes / No Internet : Yes Jrl

To

1. The Principal District Judge, Erode.

2. The Principal District Munsif, Erode.

RMT.TEEKAA RAMAN, J.

JRL 26.08.2019