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Madras High CourtSA/1033/2012withdrawn dismissed

S.Mahadevappa v. M.Sennanjamurthy

2023-10-11Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE Mr.JUSTICE C.KUMARAPPAN S.A.No.1033 of 2012 and MP.No.1 of 2012 S.Mahadevappa S/o.Chidhappa ... Appellant - Vs -

1. M.Sennanjamurthy

2. Mahadevamma

3. Nadhisha

4. Kempamma

5. Subbamma

6. Nagarajan

7. Mahadevamma

8. Sivasamy

9. Prakash 10.Nirajjanamurthy (R2 to R10 remained exparte before the Courts below) ... Respondents Second Appeal is filed under Section 100 of the Civil Procedure Code against the judgment and decree in A.S.No.54/2011 dated 06.03.2012 on the file of Additional District Judge/Fast Track Court-II, 1/4

Gobichettipalayam reversing the judgment and decree in O.S.No.23/2010 dated 30.09.2010 on the file of Subordinate Judge, Sathyamangalam. For Appellant : Mr.S.Kamadevan For Respondents : Dr.S.S.Swaminathan for R1 R2 to R10-set exparte.

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JUDGMENT

The learned counsel for the appellant as well as the counsel for the first respondent are before this Court.

2. The learned counsel for the appellant would submit that the appellant has given a letter dated 26.09.2023 requesting the counsel to withdraw the Second Appeal. In this connection, the learned counsel for the appellant has also given a letter to the Registry. He has also made an endorsement to that effect.

3. In view of the submission and endorsement made by the learned counsel for the appellant, this Second Appeal is dismissed as withdrawn. 2/4

There shall be no order as to costs. Consequently, connected MP.No.1 of 2012 is also closed.

11.10.2023 kmi Index : yes/no Speaking/Non Speaking Order Note: Issue Order Copy on 12.10.2023.

To

1. The Subordinate Judge, Sathyamangalam.

2. The Additional District Judge, Fast Track Court-II, Gobichettipalayam 3/4

C.KUMARAPPAN, J kmi S.A.No.1033 of 2012 and MP.No.1 of 2012 11.10.2023 4/4