A.Loganathan Naidu (Died) v. A.Kesavalu Naidu (Died)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024
CORAM
THE HON'BLE MR.JUSTICE G.ARUL MURUGAN S.A.No.1095 of 2011 & MP.No.1 of 2011
1. A.Loganathan Naidu (deceased)
2. A.L.Ashokan
3. A.L.Naresh
4. A.L.Harikrishnan
5. L.Narasamma (5th appellant brought on record as legal heir of the deceased 1st appellant vide order of court dated 11.3.2024 by GAMJ in CMP.No.23425 of 2023) ...Appellants Vs.
1.A.Kesavalu Naidu (deceased) K.Manjula (a) Malliga (deceased) 2.K.Sornalatha 3.A.K.Nandagopal 4.Nithyambigai (R2 to R4 brought on record as legal heirs of the deceased 1st & his wife namely K.Manjula (a) Malliga vide order of court dated 11.3.2024 in CMP.No.23422 of 2023 by GAMJ)
...Respondents
Prayer: Second Appeal filed under Section 41 Rule1 and Section 100 of CPC to set-aside the judgment and decree in O.S.No.73 of 2005 dated 12.01.2007 on the file of the learned District Munsif Court at Pallipattu confirming in A.S.No.43 of 2008 dated 08.06.2009 on the file of the learned Subordinate Court at Tiruvallur.
For Appellants 2 to 5 : Mr.B.Gopalakrishnan For Respondent 2 to 4 : Mrs.D.Selvakumari
JUDGMENT
The counsel on either side appearing for the parties submit that the deceased first appellant and the deceased first respondent were brothers and now, pursuant to their death, their legal heirs have decided to accept the decree passed by the Trial Court and as such, appellants 2 to 5 seeks permission of this Court to withdraw the second appeal. Both the learned counsel for appellants 2 to 5 as well as appellants 2 to 5 have jointly made an endorsement to that effect in the case bundle.
2.Recording the same, the Second Appeal is dismissed as withdrawn. Consequently, the connected CMP is also dismissed. No costs. 11.03.2024 2/2 Office to Note :
1.Carry out necessary amendments before issuing order copies 2.Issue order copy on 15.3.2024 Index : Yes/No Internet : Yes/No Neutral Case : Yes/No adl
G.ARUL MURUGAN, J.
adl S.A.No.1095 of 2011 11.03.2024 (2/2)