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Madras High CourtSA/1179/2012dismissed as settled out of court

Mohanamurugan v. Thepperumal

2025-04-01Honourable Mrs Justice R. Kalaimathi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI S.A.Nos. 1179 & 1180 of 2012 And 495 & 496 of 2013 and MP.No. 1 of 2012 --- 1.Mohanamurugan 2.Sivakumaran 3.Poornachandran 4.Sivaraman 5.Sivanandan (Appellant No. 5 is residing at No.15,Vallar StreetMMDA Colony, Arumbakkam, Chennai- 600 106).

6.Vedanathan 7.Vaitheeswaran 8.Senthilkumar [Appellants 1, 3 and 4 are residing at No.21-B, Pudupalayam Street, Pilliarpalayam, Kancheepuram].

[Appellants 2, 6, 7, 8 are residing at No.19-A, Pudupalayam Street, Pilliarpalayam, Kancheepuram].

....Appellants [in all Second Appeals] Page Nos.1/7

Versus

1. Thepperumal S/o Palani Mudaliar, 24-B, Pudupalayam Street Kancheepuram District.

2. Premavathy W/o Ramamurthy, No.18, Sowbaggiavathy Nagar, Vinayagapuram, Sirukaveripakkam Post, Kancheepuram Taluk.

3. Andal W/o S.Venkatesan, 67/152, Ramana Nagar, 1st Street, Sengam Road, Tiruvannamalai

4. Porchelvi Senguthar Street, Agarmduli Village, Uthiramerur Tk

5. Kanniammal W/o Kandappa Mudaliar, No.21-B, Pudupalayam, Street, Pillaiyarpalayam, Kanchipuram.

...Respondents in

S.A.Nos.1179 & 1180 of 2012 1.Thepperumal S/o Palani Mudaliar, 24-B, Pudupalayam Street Kancheepuram District.

Page Nos.2/7

2.Kanniammal W/o Kandappa Mudaliar, No.21-B, Pudupalayam, Street, Pillaiyarpalayam, Kanchipuram.

3. Premavathy W/o Ramamurthy, No.18, Sowbaggiavathy Nagar, Vinayagapuram, Sirukaveripakkam Post, Kancheepuram Taluk.

4.Andal W/o S.Venkatesan, 67/152, Ramana Nagar, 1st Street, Sengam Road, Tiruvannamalai.

5.Porchelvi Senguthar Street, Agarmduli Village, Uthiramerur Tk.

...Respondents

[in S.A.Nos.495 & 496 of 2013] Prayer in S.A.No. 1179 of 2012: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.09.2011 in A.S.No. 45 of 2007 on the file of the Subordinate Judge at Kancheepuram modifying and confirming the judgment and decree dated 30.03.2007 in O.S.No. 490 of 1999 on the file of the Principal District Munsif at Kancheepuram.

Page Nos.3/7

Prayer in S.A.No. 1180 of 2012: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.09.2011 in A.S.No. 46 of 2007 on the file of Subordinate Judge at Kancheepuram modifying and confirming the judgment and decree dated 30.03.2007 in O.S.No. 461 of 2001 on the file of the Principal District Munsif at Kancheepuram.

Prayer in S.A.No. 495 of 2013: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.09.2011 in A.S.No. 72 of 2007 on the file of Subordinate Judge at Kancheepuram reversing the judgment and decree dated 30.03.2007 in O.S.No. 461 of 2001 on the file of the Principal District Munsif at Kancheepuram.

Page Nos.4/7

Prayer in S.A.No. 496 of 2013: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.09.2011 in A.S.No. 73 of 2007 on the file of Subordinate Judge at Kancheepuram reversing the judgment and decree dated 30.03.2007 in O.S.No. 490 of 1999 on the file of the Principal District Munsif at Kancheepuram.

For Appellants :

Mr.S.P.Vijayaragavan For R1 :

Mr.T.S.Baskaran For RR 2 to 5 :

No Appearance --- COMMON JUDGMENT Today, when the matter came up for hearing, the learned Counsel for the appellants submitted that the matter has been settled between the parties. Therefore, he seeks permission of this Court to withdraw the above Second Appeals and he has also filed a Memo of withdrawal of the Second Appeals.

Page Nos.5/7

2.

Recording the above submissions made by the learned Counsesl for the appellants, these Second Appeals are dismissed as settled out of court. Appellants are entitled to be refunded Court Fees as per rules. Consequently, connected Miscellaneous Petition is closed. 01.04.2025 MSM To 1.The Subordinate Judge, Kancheepuram.

2.The Principal District Munsif, Kancheepuram. Page Nos.6/7

R. KALAIMATHI, J MSM S.A.Nos. 1179 & 1180 of 2012 And 495 & 496 of 2013 01.04.2025 Page Nos.7/7