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Madras High CourtAS/156/2014dismissed as withdrawal

N.S.Jaya v. The Secretary

2018-11-29Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2018

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.S.Nos.156 & 573 of 2014 A.S.No.156 of 2014:

N.S.Jaya ... Appellant/ Plaintiff Vs 1.The Secretary Department of Revenue, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.

2.The Commissioner, Urban Land Ceiling Department, Ezhilagam, Chepauk, Chennai 600 005.

3.The Assistant Commissioner, Urban Land Ceiling Department, No.345, Arcot Road, Kodambakkam, Chennai 600 024.

4.Mr.Meganathan .. Respondents 1 to 4/ Defendants 1 to 4 5.M.Devi .. 5 th Respondent 6.Lavanya 7.Sukanya ... Respondents 6 & 7 (Respondents 5 to 7 impleaded vide Court Order dated 04.05.2018 made in C.M.P.NO.8752 of 2018 in A.S.No.156 of 2014) A.S.No.573 of 2014 Mr.Meganathan ... Appellant/ 4th Defendatant

Vs 1.N.S.Jaya ..1st Respondent / Plaintiff 2.The Secretary Department of Revenue, Fort St. George, Chennai - 600 009.

3.The Commissioner, Commissioner of Land Reforms, Chennai 600 005.

4.The Assistant Commissioner, No.345, Arcot Road, Kodambakkam, Chennai -24. .. Respondents 2 to 4/ Defendants 1 to 3 5.M.Devi 6.Lavanya 7.Sukanya ... Respondents 5 to 7 (Respondents 5 to 7 impleaded vide Court order dated 04.05.2018 made in C.M.P.No.7939 of 2018 in A.S.No.573 of 2014) Prayer in A.S.No.156 of 2014: First Appeal filed under Order 41 Rule (1) Read with Section 96 of the Code of Civil Procedure against the Judgment and Decree passed in O.S.No.10179 of 2010 dated 16.09.2013 by the XVIII Additional City Civil Court, Chennai.

Prayer in A.S.No.573 of 2014: First Appeal filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree passed in O.S.No.10179 of 2010 dated 16.09.2013 by the XVIII Additional Judge and Sessions Judge, City Civil Court, Chennai.

Appearance in A.S.NO.156 of 2014:

For Appellant :

Mr.P.Subba Reddy For Respondents 1 to 3 :

J.Balagopal Special Government Pleader (CS) For Respondent 4 :

Mr.C.Prabakaran

For Respondents 5 to 7 :

Not ready in Notice Appearance in A.S.NO.573 of 2014:

For Appellant :

Mr.C.Prabakaran For Respondent 1 :

Mr.P.Subba Reddy For Respondents 2 to 4 :

J.Balagopal Special Government Pleader (CS) For Respondents 5 to 7 :

Not ready in Notice

O R D E R

The learned counsel for the plaintiff in the suit O.S.No.10179 of 2010 would submit that all the occupants and the four defendants have handed over the possession of the suit property in entirety to the plaintiff. The plaintiff therefore does not want the matter to be proceeded further.

2.In these circumstances, she is withdrawing the appeal A.S.NO.156 of 2014. The appeal is therefore dismissed as withdrawn.

3.The 4th defendant Meganathan who has filed the connected A.S.No.573 of 2014, in view of this arrangement, he also seeks to withdraw the appeal A.S.No.573 of 2014 and affidavit and memo respectively that has been filed to that effect.

Accordingly the appeal is dismissed as withdrawn. There shall be no order as to Costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kan

To The XVIII Additional City Civil Court, Chennai.

2. The section officer, VR Section, High court Madras +2ccs to Mr.C.Prabakaran , Advocate SR.No. 82677,82676 +2ccs to Mr.P.Subba Reddy, Advocate SR.No. 82030,82029 A.S.Nos.156 & 573 of 2014 ASK(02/01/2019)