Bharathi (Deceased) W/O D.Venkatesan v. Muthammal (Deceased)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL & CROS.OBJ Nos. 38 and 40 of 2019 & CMP NO. 14262 OF 2019
1. Bharathi (Deceased)
4. K.Vijayalakshmi A1, Died, A4 brought on record as Lrs Of Deceased 1st Appellant Viz, Bharathi, Vide Order Of Court Dated 19/08/2021 Made In CMP.Nos.12654 And 12657/2021 In As.No.508 Of 2019 (MMSJ and SKJ) ..Appellant(s)
1. Muthammal
2. Sellammal
3. V.Kamalam
4. V.Sivakumar
5. P.Leelavathy
6. Divyapraba
7. P.Duraisamy
8. C.Muthammal
9. S.Allimuthu 10.P.Saraswathi 11.P.Sakthivel 12.P.Kannan 13.P.Chandrasekaran [R1 Died, R9 TO R13 are brought on record as LRS of deceased 1st Respondent Viz., Muthuammal Vide order of Court dated 25.01.2023 made in CMP.NO.12659 of 2021 (SVNJ JSNPJ)] Appeal filed under Section 96 of CPC to set aside the Judgment and decree so far as against them made in OS No. 134/2004 dated 31/08/2018 on the file of the Additional District Judge, Namakkal. For Appellant(s):
Mr.R.Asokan for Mr.R.Ashraf Khan For Respondent(s):
M/s.N.Manokaran for RR2, 3, 4, 8, 9 to 13 Mr.R.Prabakar for R6 Mr.P.Dinesh Kumar for R5 CROS.OBJ No. 38 of 2019
1. Muthammal (died)
2. Sellammal
3. V.Kamalam
4. V.Sivakumar
5. C.Muthammal
6. S.Alimuthu
7. P.Saraswathi
8. P.Sakthivel
9. P.Kannan 10.P.Chandrasekaran ..Cross Objector (s) [Cross Objectors 1 Died. Cross Objectors 6 to 10 are brought on record as Lrs of deceased 1st Cross Objector viz., Muthammal vide order of Court dated 25.01.2023 made in C.M.P.No.675 of 2022 in Cross Objection No.38 of 2019 in A.S.No.508 of 2019 {SVNJ & JSNPJ}]
1. Bharathi
4. P.Leelavathy
5. P.Duraisamy
6. Divyapraba ..Respondent(s) Cross Objection filed under Order XLI Rule 22 of CPC to set aside the judgment and decree dated 31-08-2018 made in OS NO.134 of 2004 on the file of the Learned Additional District Court, Namakkal in respect of the disallowed portion, by allowing this Cross Objection.
For Cross Objectors : Mr.N.Manoharan
For Respondents : Mr.R.Asokan for R1 to R3 Mr.P.Dinesh Kumar for R4 Mr.P.Prabhakar for R6 CROS.OBJ No. 40 of 2019 Divyapraba Cross Objector
1. Bharathi
4. Muthammal
5. Sellammal
6. V.Kamalam
7. V.Sivakumar
8. P.Leelavathy
9. P.Duraisamy 10.C.Muthammal ..Respondent(s) Cross Objection filed under Order XLI Rule 22 of CPC to set aside the judgment and decree dated 31.08.2018 made in OS No.134 of 2004 on the file of the learned Additional District Court, Namakkal, in respect of the disallowed
portion, by allowing this Cross Objection.
For Cross Objectors:
Mr.R.Prabakar For Respondent(s):
Mr.R.Asokan for R1 to R3 R4 -Died Mr.N.Manokaran for R5, R6, R7 and R10 Mr.P.Dineshkumar for R8 Judgment (Judgment of the Court was delivered by N.Sathish Kumar J.) The learned counsel for the appellants in the appeal suit and crossobjectors in the cross-objections seek permission of this Court to withdraw the appeal and the cross-objections. They have also made endorsements in the respective case files.
2. Recording the endorsements, the appeal suit and cross objections are dismissed as withdrawn. It goes without saying that decree and judgment of the trial Court is binding on the parties. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. (N.S.K.,J.) (R.S.V.,J.) 27-02-2026 gpa
N.SATHISH KUMAR J.
AND R.SAKTHIVEL J.
gpa & CROS.OBJ Nos. 38 and 40 of 2019 & CMP NO. 14262 of 2019 27-02-2026