M.Jiyavudeen v. A.J.Jawahar Nisha (Deceased)

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL A.S.No. 197 of 2023 and C.M.P.Nos. 8003 & 8004 of 2023 M.Jiyavudeen ...Appellant Vs.

A.J.Jawahar Nisha (Deceased) 1.Rafi Ahamad 2.Y.S.R.Mohammed Yusuf 3.Shameema Parveen 4.Mahasoom Nisha

...Respondents

Prayer: First Appeal filed under Section 96 r/w. Order 41, Rule 1 of the Code of Civil Procedure, against the judgment and decree dated 28.11.2022 made in O.S.No. 13 of 2015 on the file of the Principal District Judge, Tiruvarur.

For Appellant : Mr.N.Fidelja For Respondents : Mr.M.Santhanaraman for R1 to R4 1/4

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The learned counsel for the appellant would submit that bone of contention between the parties in the appeal has been settled amicably out of Court and seeks to withdraw the appeal. This First Appeal is therefore, dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

2.In view of the judgment of the Hon'ble Supreme Court in High Court of Judicature at Madras rep. by its Registrar General Vs. M.C.Subramaniam and Others reported in (2021) 3 SCC 560, the Court fee paid in the appeals is directed to be refunded on the appellants. (R.S.M., J.) (R.S.V., J.) 26.07.2024 kkn Internet:Yes Index: No Speaking 2/4

To:- The Principal District Court, Tiruvarur.

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R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

KKN A.S.No. 197 of 2023 and C.M.P.Nos. 8003 & 8004 of 2023 26.07.2024 4/4