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Madras High CourtSA/1238/2011withdrawn dismissed

K.Jayalakshmi v. Indian Oil Corporation

2015-07-27Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2015 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA S.A.Nos.1238 of 2011 and S.A.No.1266 of 2011 Narayanasamy(died) K.Krishnaswamy(died)

1. K.Jayalakshmi

2. P.Mahalakshmi

3. P.Subramanian

4. P.Bhuvaneswari (Declared as major as per order in I.A.No.860/96 & 862/96 dated 26.8.96 respectively)

5. K.Sreekandan

6. K.Mahadevan ...Appellants 1 to 6/ Plaintiffs 3 to 8 (in both SAS)

7. Parvathiammal

8. Sundararaman

9. R.Radha 10.K.Rajeswari ...Appellants 7 to 10/ respondents 10 to 13 (in AS) (R 7 to 10 herein are the Lrs of the deceased K. Krishnaswamy impleaded as per order in I.A.No.811/2003, dated 22.09.2003 and I.A.No.627 of 2003, dated 12.09.2005) 11.C.Rajalakshmi 12.N.Shankar 13.N.Seethalakshmi 14.N.Sivakumar ...Appellants 11 to 14/ Respondents 14 to 17 (in AS) (R 11 to 14 herein are the LRs of the deceased Narayanasamy impleaded as per order in I.A.No.330/2005, dated 21.04.2005 and I.A.No.995 of 2005, dated 12.09.2005) Vs.

1.Indian Oil Corporation Ltd G-9, All Yavar Jung Marg,(Bundra East) Bombay - 400 041.

2. The Deputy General Manager(Engg) Indian Oil Corporation Ltd, 139, Nungambakkam High Road, Madras 600 034, having its branch at Coimbatore

3. Vedanayagam Oil Company rep by is Partner P.K. Doraiswamy Coimbatore ..Respondents / Defendants 1 to 3 Prayer:- This Second Appeal has been filed under Section 100 of Civil Procedure Code against the judgment and decree dated 24.11.2005 made in A.S.Nos.155 of 2002 and A.S.No.84 of 2003 respectively on the file of the first Additional District Judge, Coimbatore, reversing the judgment and decree dated 24.07.2002 made in O.S.No.354 of 1990 on the file of the second Additional Subordinate Judge, Coimbatore.

For Appellants in both S.A.s: Mr.Madhan Babu For Respondents 1 and 2 : M/s.Anand, Abdul and Vinod in both S.A.s For Respondent 3 in both S.A.s : Mr.K.V.Muthu Visakan C O M M O N J U D G M E N T The learned counsel for the appellants has submitted a letter dated 23.07.2015 to the Registry seeking to post the matter under the caption 'for withdrawal'.

2. Today, when the matter is taken up for hearing, the learned counsel for the appellants seek permission of this Court to withdraw the Second Appeal and he has also made an endorsement to that effect.

3. In view of the endorsement made by the learned counsel for the appellants and the letter dated 23.07.2015, this Second Appeals are is dismissed as withdrawn. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar srn To 1.The II Additional Subordinate Judge, Coimbatore 2.The I Additional District Judge, Coimbatore, 2 ccs to Mr. sathish Parasaran, Advocate, Sr. 38336 1 cc to Mr.K.V. Muthur Visakam, Advocate, Sr. 38352 1 cc to Mr.V. Rajinikanth, Advocate, sr. 38356 S.A.Nos.1238 of 2011 and S.A.No.1266 of 2011 JSV (CO) kk 12/8