Varutappa Gounder(Died) v. K. Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and M.P.No.1 of 2014 1.Varuthappa Gounder (Died) 2.Nallathambi (Died) 3.V.N.Monisha ...Plaintiffs / Appellants 1 to 3 4.Nallammal ....Proposed 4th Appellant **A4 bring on record as legal heirs of the deceased A2 vide Court order dated 10.08.2022 made in C.M.P.No.12612 of 2022 in S.A.No.658 of 2014 -Vs1.K.Subramani 2.S.Nagarajan 3.Rani ...Defendants / respondents 1 to 3 4.S.Kavitha 5.Vasanthkumar ....Proposed respondents 4 & 5 **R4 & R5 bring on record as legal heirs of the deceased A2 vide Court order dated 22.09.2023 in C.M.P.No.19014 of 2023 in S.A.No.658 of 1/4

Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, as against the judgment and decree dated 27.08.2013 passed in A.S.No.39 of 2011 before the II Additional District / Sessions Court, Salem, confirming the judgment and decree dated 03.02.2011 passed in O.S.No.99 of 2008 on the file of the Sub Court, Sankagiri.

For A1 :

Mr.T.Sezhian A2 :

Died (steps taken) For R1 :

No appearance For R2 & R3 :

Mr.R.Syed Mustafa

JUDGMENT

Learned counsel for the first appellant submits that he has received a letter from appellants 3 and 4, viz., V.N.Monisha and Nallammal, stating that appellants 1 and 2, viz., Varuthappa Gounder and Nallathambi are no more and they are not interested in prosecuting the second appeal.

2. In view of the above submission made by the learned counsel for the first appellant, an endorsement was made to that effect in the case bundle that the second appeal may be dismissed as withdrawn and the letter shall form part of the record.

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Recording the above submission coupled with the endorsement, the Second Appeal stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

16.08.2024 cda Index : Yes/No Speaking/Non-Speaking Order To 1.The II Additional District / Sessions Court, Salem.

2.The Sub Court, Sankagiri.

3.The Section Officer, VR Section, High Court, Chennai.

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N.SENTHILKUMAR, J.

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