V.Rajagopal v. V.Ranganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.3369 of 2020 V.Rajagopal (deceased)

1. Sivan

2. Nagaraj

3. Gowri

4. Sivagami

5. Narasimman

6. Krishnan

7. Valliammal

8. Seetha ammal

9. N.Dhanapal

10. K.Venkatesan

11. K.Pushpa

12. M.Lalitha

13. M.Jayaprakash

14. Malar

15. Vasantha

16. Gowri

17. Minor Ramya represented by mother and natural guardian Gowri (16th Appellant)

18. Minor Meena represented by mother and natural guardian Gowri (16th Appellant) ... Appellants Vs

1. V.Ranganathan

2. R.Varadha Rajan

3. R.Ravikumar

4. Vasu Shanmughasundhra Bharathi (Deceased)

5. Vaguleyan

6. Sangeetha

7. Anbarasan

8. Vijimani

9. Vani

10. Tamilarasan

11. Rukkamma

12. Mangamma ... Respondents Prayer:- Second Appeal filed under Section 100 of CPC to allow the above Second appeal; modify the Judgment and Decree passed by the First Appellate Court (Additional District Court, Hosur) dated 26.09.2019 in A.S.No.60 of 2017 and the Judgment and Decree passed by the Trial Court (Sub-Court, Hosur) dated 16.02.2017 in O.S.No.78 of 2005 and this Hon'ble Court may be pleased to dismiss the Suit in O.S.No.78 of 2005 with respect to the properties mentioned in serial numbers 1, 2, 3, 8 to 10 of Item No.I and Item Nos.II and III of the Plaint Schedule and decree the suit with respect to the properties mentioned in serial numbers 4, 5, 6 and 7 of Item No.I of the Plaint Schedule. For Appellants : Mr.G.M.Anantha Kumar For R1 to R3 : Mr.V.Raghavachari For R4 to R12 : Notice served

JUDGMENT

Today, when the Second Appeal is taken up for hearing, the learned counsel appearing for the appellants submitted that the appellants instructed him

to withdraw the appeal and he has also submitted a letter of instructions given by the appellants dated 26.12.2022. Therefore, he seeks permission of this Court to withdraw the appeal.

2. The letter dated 26.12.2022 is extracted hereunder:- "We the above mentioned are the appellants in Second Appeal No.158 of 2020 before the Hon'ble High Court at Madras, the said appeal is filed against the Judgment and Decree dated 26.09.2019 passed in AS.No.60 of 2017 on the file of ADJ Hosur by confirming the Judgment and Decree passed in O.S.No.78 of 2005 by order dated 16.02.2017. Pending this Second appeal, we the appellant and the respondents have entered a compromise through the village elders and thereby it is settled by out of court. Hence, we request you to withdraw the appeal in SA.No.158 of 2020 on the file of the Hon'ble High Court, Madras."

3. Recording the submission and the letter dated 26.12.2022, this Second Appeal is dismissed as withdrawn. Consequently, connected Miscellaneous petition is closed. No costs.

24.01.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order mn Note: Issue order copy on 25.01.2023

G.K.ILANTHIRAIYAN. J, mn To

1. The Additional District Court, Hosur.

2. The Sub-Court, Hosur.

and C.M.P.No.3369 of 2020 24.01.2023