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Madras High CourtSA/1320/2004withdrawn dismissed

Parthasarathy v. C.Rangan(Died)

2024-04-15Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN and M.P.No.1 of 2010 & C.M.P. Nos.6686 & 6687 of 2016 In S.A.No.1320 of 2004:

Parthasarathy ... Appellant vs.

1.C.Rangan (Deceased) 2.R.Andal 3.Thoppai alise Vijayakumar 4.Sukumar ... Respondents In S.A.No.354 of 2010:

1.Amul (alias) Sukumar 2.Thoppai (alias) Vijayakumar ... Appellants Vs.

Parthasarathy ... Respondent Prayer in S.A.No.1320 of 2004:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 13.06.2003 in A.S.No.198 of 2002 passed by the learned VI Additional Judge, City Civil Court, Chennai, setting aside the judgment and decree dated 03.10.2001 in O.S.No.3562 of 1995 passed by the XVII Assistant

Judge, City Civil Court, Chennai.

Prayer in S.A.No.354 of 2010:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 09.02.2005 in A.S.No.8224 of 1997 passed by the learned XV Assistant Judge, City Civil Court, Chennai, confirming the judgment and decree dated 18.08.2007 in O.S.No.659 of 2005 passed by the learned Additional District Judge, Fast Track Court-V, Chennai. For appellant in S.A.No.1320 of 2004 : Mr.G.Rajkumar For respondents 2 to 4 in S.A.No.1320 of 2004 : Mr.S.Sundaragopal For appellants in S.A.No.354 of 2010 : Mr.M.Velmurugan For respondent in S.A.No.354 of 2010 : Mr.G.Rajkumar *****

J U D G M E N T

The learned counsel for the appellants in S.A.No.354 of 2010 seeks leave of this Court to withdraw this Second Appeal. Hence, he has made an endorsement to that effect in the case bundle.

2.

In view of the above, the Second Appeal in S.A.No.354 of 2010 is dismissed as withdrawn. Consequently, connected miscellaneous petition, if any, closed. There shall be no order as to costs. 3.

In view of the withdrawal of the Second Appeal in S.A.No.354 of 2010, the learned counsel for the appellants in S.A.No.1320 of 2004 submits that the parties have settled the matter amicably. Hence, he seeks permission of this Court to withdraw this matter and made an endorsement to that effect in the case bundle. 4.

In view of the above, the Second Appeal in S.A.No.1320 of 2004 is also dismissed as withdrawn. Consequently, connected miscellaneous petition, if any, closed. There shall be no order as to costs. 15.04.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd

C.KUMARAPPAN,J.

apd To

1. The VI Additional Judge, City Civil Court, Chennai.

2. The XVII Assistant Judge, City Civil Court, Chennai.

3. The XV Assistant Judge, City Civil Court, Chennai

4. The Additional District Judge, Fast Track Court-V, Chennai.

5. The Section Officer, V.R.Section, High Court, Madras. 15.04.2024