S.Manonmani v. T.Santharam(Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No.758 of 2001 1.S.Manonmani 2.Subadra Devi 3.Minor. Damayanthi 4.Minor. Renuka Devi (minor appellants 3 & 4 are represented by their mother and natural guardian the 2nd appellant) 5.Soudeswari 6.Parameswaran (Insane person rep by the 5th Appellant Sowdeswari) 7.Anusuya 8.T.Subathra 9.S.Thilagar (Died) 10.T.Nithyadevi 11.Minor. T.Rubanamithra (Rep. by her mother Meenakshi) (Appellants 10 & 11 brought on record as LRs of the deceased A9 viz., S.Thilagar vide Court order dated 18.06.2019 made in C.M.P.Nos.11644, 11647 & 11648/2019 in S.A.No.758 of 2001) ... 1 to 9 Appellants, 10 & 11 Appellants (LR's of the 9th Respondent/ Respondents/Defendants Vs.

1.T.Santharam (Died) ... Respondents/Appellants/Plaintiff 2.S.Padmavathi

3.S.Venkateswaran 4.S.Balaji (Deceased) 5.S.Karthikeyan 6.T.Sanna Maniyamal 7.Poornima Prabhakaran 8.Geetha 9.Sankara Narayanan 10.Minor. Naveen Santharam ... Respondents/Plaintiff (RR2 to 7 are brought on record as LRs of the deceased sole respondent vide order of Court dated 08.03.2007 made in C.M.P.Nos.15901 to 15903/2005 in S.A.No.758 of 2001) (RR8 to 10 brought on record as LRs of the deceased R4 vide order of Court dated 27.11.2018 made in C.M.P.No.2016 of 2018 in S.A.No.758 of 2001) (Cause title accepted vide as per order of Court dated 23.04.2001 in C.M.P.No.6813 of 2001) Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 22.01.1999 passed in A.S. No.8 of 1999, on the file of the II Additional District Court, Salem, reversing the decree and judgment dated 28.11.1997 passed in O.S. No.516 of 1996, on the file of the II Additional District Munsif Court, Salem.

For AA5, 6 & 9 : Ms.P.V.Rajeswari For AA7, 8 & 10 : Mr.T.S.Baskaran for Mr.R.Vasudevan For RR2, 3, 5 to 10 : Mr.D.Shivakumaran

JUDGMENT

The learned counsels appearing for the appellants seek permission of this Court to withdraw this second appeal. In this regard, the learned counsel appearing for the appellants 2 to 4 filed a Memo dated 08.03.2022 and the learned counsel appearing for the appellants 7, 8, 10 & 11 made an endorsement on the case bundle to that effect.

2. In view of the above, this Second Appeal is dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Mtl To

1. The II Additional District Judge, The II Additional District Court, Salem.

2. The II Additional District Munsif, Salem.

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

+1cc to Mr.D.Shivakumaran, Advocate SR.No.15926 +1cc to Mr.T.S.Baskaran, Advocate SR.No.16002 +2cc to Mr.P.V.Rajeswari, Advocate SR.No.16641 S.A.No.758 of 2001 GPL(CO) GN(28/03/2022)