Palanisamy v. Arumugam

CMA. No.1591 of 2019 M.DHANDAPANI, J.

The matter is listed today under the caption "for being mentioned".

2. It is brought to the notice of this Court that in the first page of the judgment dated 27.01.2025, the prayer has been wrongly typed. Therefore, this Court is inclined to modify the same as follows: '' Prayer:- Civil Miscellaneous Appeal Petition has been filed under Order 43 Rule 1 of CPC., to set aside the judgment and decree passed in AS. No.24/2013 dated 19.03.2018 by the learned Sub Judge, Sathiyamangalam reversing the judgment and decree passed in OS. No.268 of 2011 dated 08.02.2013 by the learned District Munsif, Sathiyamangalam and allow this CMA. ''

3. Except the above modification, remaining portion of the judgment dated 27.01.2025 shall stand unaltered.

10.07.2025 rli Note: Registry is directed to issue a fresh order copy after making necessary corrections.

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M.DHANDAPANI,J.

Rli CMA. No.1591 of 2019 10.07.2025 2/4

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.M.A.No.1591 of 2019 and CMP. No.4547 of 2019

1. Palanisamy

2. Rangasamy ... Appellants -vs1. ARUMUGAM

2. SHANMUGAM

3. ARUMUGAM

4. SUBRAMANAIAN

5. KUPPUSAMY

6. KALIAPPAN(DIED)

7. KARUPPAYAL

8. PALANISAMY

9. KALIYAPPAN

10. MUTHUSAMY

11. RASAMMAL K

12. JOTHIMANI

13. K.K.ANANDAN

14. SARASWATHI Respondent-6 Died.

Respondents 11 to 14 are brought on record as legal heirs of the deceased 6th respondent vide order dated 06.11.2024 made in CMP. No.1970/2024 in CMA. No.1591/2019 by this Court.

... Respondents Prayer:- Civil Miscellaneous Appeal Petition filed under Section 173 of M.V.Act, to set aside the judgment and decree passed in AS. No.24/2013 dated 19.03.2018 by the learned Sub Judge, Sathiyamangalam reversing the judgment and decree passed in OS. No.268 of 2011 dated 08.02.2013 by the learned District Munsif, Sathiyamangalam and allow this CMA. M.DHANDAPANI, J.

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Rli For Appellant : Mr.S.Parthasarathy For Respondent : Mr.M.Manoharan RR1 & 2 RR3 to 5, 7 to 10 - No appearance

JUDGMENT

When the matter is taken up for hearing, learned counsel for the appellants seek permission of this Court to withdraw this Appeal and to that effect, he has made an endorsement in the bundle.

2. Recording the above submission and endorsement made by the learned counsel for the appellants, this Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

27.01.2025 Rli To

1. The Sub Judge, Sathyamangalam.

2. The District Munsif, Sathyamangalam.

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