R.Rangaraj v. S.Sulochana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY A.S.No.859 of 2010 and M.P.No.1 of 2010 R.Rangaraj ... Appellant ..vs...

1. S.Sulochana

2. N.Palaniammal

3. V.Savithiri

4. Minor R.Adithya

5. Minor R.Mukilan (Minors are represented by their next friend/mother Jothilakshmi) ... Respondents Appeal Suit filed under Order 41 Rule 1 r/w Section 96 of the Civil Procedure Code against the judgment and decree dated 30.03.2010 passed in O.S.No.923 of 2008 on the file of the Additional District Judge Cum Fast Track Court - I,Coimbatore For Appellant : Mr.N.Manokaran For Respondents : Mr Mukund for M/s Sarvabhauman Associates (R1) Mr.R.Krishnaprasad (R2&3) Mr.P.Valliappan (R4&5)

J U D G M E N T

The learned counsel for the appellant submitted that the sole appellant R.Rangaraj had died on 04.10.2012, leaving behind the respondents 4 and 5 and their guardian Jothilakshmi as surviving legal representatives. Further, the learned counsel submitted that the respondents 4 and 5 have attained majority and that they have also filed petitions in the connected Appeals in A.S.Nos.832 and 833 of 2010 to declare them as major and to discharge their guardian, which were also allowed by this Court. https://hcservices.ecourts.gov.in/hcservices/

Further, the learned counsel submitted that the legal representatives of the deceased appellant R.Rangaraj, had instructed him to withdraw the first appeal for the reason that the dispute between the parties was settled and that a joint memorandum of compromise dated 08.10.2017 was also filed in A.S.No.833 of 2010 today i.e., 31.10.2017. In these circumstances, the learned counsel sought the permission of this Court to withdraw the Appeal and has also made an endorsement to that effect.

2.In view of the same, the Appeal stands dismissed as withdrawn. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rg To 1.

The Additional District Judge cum Fast Track Court - I,Coimbatore 2.

The Section Officer, VR Section, High Court, Madras +1cc to Mr.N.Manokaran, Advocate, S.R.No.77127 +1cc to Mr.P.Valliappan, Advocate, S.R.No.77226 +1cc to M/s Sarvabhauman Associates, Advocate, S.R.No.77020 A.S.No.859 of 2010 CS/03/11/17 https://hcservices.ecourts.gov.in/hcservices/