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Madras High CourtAS/947/2019withdrawn dismissed

Mrs.Shanthi v. Nandakumar.D

2025-04-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2025

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR A.S.No.947 of 2019 and C.M.P.No.197 of 2024 Mrs.Shanthi ... Appellant/Plaintiff -vs1. D.Nandhakumar

2. L.Manikandan ... Respondents/Defendants Prayer: Appeal Suit is filed under Section 96 of CPC to set aside the judgment and decree dated 05.12.2018 passed in O.S.No.451 of 2015 on the file of the I Additional District Judge, Coimbatore and decree the suit as prayed for For Appellant : Mr.V.L.Akshai Sajin Kumar For R1 : Mr.A.Muthukumar *****

J U D G M E N T

When the matter is taken up for hearing, Mrs.Shanthi in-person / appellant herein is present through Video Conference and has stated that the matter has been settled out of the Court. Hence, she seeks permission of this Court to withdraw the Appeal Suit.

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2. Mr.V.L.Akshai Sajin Kumar, learned counsel for the appellant submitted that the appellant herself addressed a letter to the Registry for withdrawal of the case and he has also identified the appellant, who appeared through Video Conference.

3. At this juncture, the party in-person submitted that since the matter has been settled out of the Court, she prayed for return of the Court Fee.

4. In view of the letter dated 25.03.2025 circulated by the appellant to the Registry, requesting the Registry to list the matter for the purpose of withdrawal of the case, the Appeal Suit is dismissed as withdrawn. Registry is directed to return the Court Fee to the appellant as per Rules. No costs. Consequently, connected Miscellaneous Petition is closed.

25.04.2025 Index: Yes / No Internet: Yes / No ar 2/4

To:

1. The I Additional District Judge, Coimbatore.

2. The Section Officer, V.R.Section, High Court, Madras.

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N.SATHISH KUMAR,J., ar 25.04.2025 4/4