Ammaiyakka v. Akkaiyamma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN and C.M.P.Nos.25280 & 25511 of 2023 & M.P.No.1 of 2008 1.Ammaiyakka 2.Soodamma 3.Lakkamma ... Appellants vs.

1.Akkaiyamma 2.K.Mahadeva 3.Kanthamma 4.Savithri 5.Yasodha 6.Manoranjitham 7.Nanjamma

...Respondents

Prayer:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.04.2008 in A.S.No.19 of 2007 passed by the learned Principal District Judge, Krishnagiri, reversing the judgment and decree dated 13.09.2007 in O.S.No.132 of 2003 passed by the learned Sub Judge, Hosur.

For appellants : Mrs.R.Abirami for Mrs.V.Srimathi For R1 to R6 : Mr.G.Vigneshwaran for Mr.V.Nicholas

For R7 : No appearance *****

J U D G M E N T

The suit filed for partition, was decreed by granting preliminary decree and in the appeal, the preliminary decree passed by the Trial Court was set aside. Against which, this Second Appeal is filed. 2.

Today, the learned counsel for the appellants has filed a memo stating that they are "not pressing" this Second Appeal and seeks permission of this Court to withdraw the same. The said memo is signed by the learned counsel for the appellants and also by the third appellant, as the appellants 1 and 2 died.

3.

Recording the memo, this Second Appeal is dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

07.03.2024.

Internet : Yes Index : Yes/No

Speaking order/Non-speaking order apd G.ARUL MURUGAN,J apd To

1. The Principal District Judge, Krishnagiri.

2. The Sub Judge, Hosur.

3.The Section Officer, V.R.Section, High Court, Madras. and C.M.P.Nos.25280 & 25511 of 2023 & M.P.No.1 of 2008 07.03.2024