Madras High CourtSA/1601/2000withdrawn dismissed

Seethalakshmi Ammal v. Durairaj(Deceased)

2017-03-27Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2017

CORAM

THE HONOURABLE MR.JUSTICE M. SUNDAR S.A. No.1601 of 2000 1.Seethalakshmi ammal 2.Kasambu 3.Muthukrishnan 4.Duraisamy 5.Narayanan ... Appellants Vs.

1. Durairaj (deceased)

2. Rangasamy 3.Selvaraj 4.Krishnaraj (RR3 and RR4 brought on record as LRs of the deceased R1 vide order of this court dated 26.06.2014 made in CMP.Nos.2125 to 2127/2008 in S.A.No.1601/2000) ... Respondents PRAYER: Second Appeal is filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 31.07.2000 made in A.S.No.29 of 1998 on the file of the Principal Sub-Court, Villupuram reversing the judgment and decree dated 24.12.1997 made in O.S.No.559 of 1994 on the file of Additional District Munsif Court, Villupuram.

For Appellants : Mr.T.Dhanyakumar For Respondent Nos.3 & 4 : Mr.K.Krishnan for Mr.A.Sivaji For Respondent No.2 : Given up For Respondent No.1 : Died

J U D G M E N T

Mr.T.Dhanyakumar, learned counsel, is present on behalf of the appellants ( 5 appellants in all).

2. It is seen that Mr.K.Krishnan, learned counsel on behalf of Mr.A.Sivaji, learned counsel on record for respondent Nos.3 and 4, is present.

3. However, Mr.T.Dhanyakumar, produced a letter from the first appellant, Mrs.Seethalakshmi Ammal (written to him) requesting him to withdraw the second appeal as the matter has https://hcservices.ecourts.gov.in/hcservices/

been settled out of court.

4. Under the above said circumstances, it is seen that the appellants 2, 3 and 5 (Kasambu, Muthukrishnan and Narayanan) died pending second appeal.

5. With regard to the appellant No.4, Duraisamy, Mr.Dhanyakumar, learned counsel, reports no instructions. Therefore, for all practical purposes, out of five appellants, only appellant contesting is Mrs.Seethalakshmi Ammal and she has given written instructions for withdrawing the appeal on the ground that the matter has been settled out of court inter se parties.

6. Letter dated 17.09.2013 received from the first appellant by the learned counsel is produced and the same is taken on record.

Second appeal is dismissed as withdrawn.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gv To 1.The Principal Sub-Court, Villupuram.

2. The Additional District Munsif Court, Villupuram. +1cc to Mr.A. Sivaji, Advocate, S.R.No.18980 rv(CO) md(17/04/2017) S.A. No.1601 of 2000 https://hcservices.ecourts.gov.in/hcservices/