Natarajan v. Desammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and Cross. Obj.No. 28 of 2016 and M.P.No. 1 of 2014 Natarajan ...

Appellant/Defendant Vs.

1. Desammal

2. Gandhimani

...Respondents/Plaintiffs

Prayer in S.A.No. 420 of 2014:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the Learned Principal District Judge, Erode in A.S.No.87 of 2013 dated 07.01.2014 modifying the Judgment and Decree of the Learned Subordinate Judge, Sathyamangalam in O.S.No. 39 of 2011 dated 29.08.2013. For Appellant : Mr.S.Kathamalai Kumaran For Respondents : Mr.R.Thirumoorthy Page No.1 of 4

Cross. Obj.No. 28 of 2016

1. Desammal

2. Gandhimani .... Cross Objectors Vs.

Natarajan

...Respondent

PRAYER in Cross. Obj.No. 28 of 2016: Cross Objection filed under Order 41 Rule 22 of Code of Civil Procedure, 1908 to set aside the judgment and decree dated 07.01.2014 made in A.S.No. 87 of 2013 on the file of Principal District Judge, Erode reversing the finding of the Judgment and decree dated 29.08.2013 made in O.S.No. 39 of 2011 on the file of the Learned Subordinate Judge, Sathiyamangalam in respect of findings of the Will dated by allowing the present cross appeal.

For Cross Objectors : Mr.R.Thirumoorthy

J U D G M E N T

The learned counsel for the appellant as well as learned counsel for the cross objectors seek permission of this Court to withdraw this Second Appeal and the Cross Objection. Both the counsels have made an endorsement to that effect in the case bundle.

Page No.2 of 4

2. In view of the above, this Second Appeal and the Cross Objection are dismissed as settled out of Court. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 09.08.2024 nsl Index:Yes/No Speaking Order : Yes/No Neutral case citation: Yes/No Page No.3 of 4

N.SENTHILKUMAR,J.

nsl 09.08.2024 Page No.4 of 4