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Madras High CourtAS/392/2021withdrawn dismissed

Deenadayalan v. Ranganayaki

2024-02-12Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.Nos.20179 of 2022 in 1.

Deena Dayalan S/o.Venkatachalam Mudaliar 2.

Dayalan S/o.Venkatachalam Mudaliar ... Appellants Vs.

1.

Ranganayaki W/o.Rajapriyan 2.

Vijaya W/o.Panneer Selvam 3.

Jayanthi W/o.Kumar 4.

Gurunathan S/o.Late Venkatachalam Mudaliar Page Nos.1/8

5.

Prabavathi W/o.Sundaramoorthy ....Respondents Appeal filed under Section 96 of Civil Procedure Code, 1908, praying to set aside the judgment and decree of the Additional District Court, Tiruvannamalai in O.S.No.79 of 2018 dated 10.08.2021. For Appellants :

Mr.S.Kaithamalai Kumaran For Respondents :

Mr.R.Rajarajan, for R1 to R3

J U D G M E N T

[Judgment of the Court was made by M.SUNDAR, J.,] Matter mentioned at half past ten.

2. Captioned main appeal and captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of convenience and clarity] thereat are listed under the cause list Caption 'FOR WITHDRAWAL' at the instance of counsel on record for appellants, who has filed a memo dated 08.01.2024. A scanned reproduction of the same together with written instructions from the appellants to the appellants' counsel is as follows: Page Nos.2/8

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3. Today, Mr.Kaithamalai Kumaran, learned counsel on record for appellants in the main appeal and petitioners in CMP, who is before this Court reiterates the aforementioned memo and learned counsel on record for appellants made endorsements in the case file, scanned reproduction of which are as follows:

Endorsement in A.S.No.392 of 2021:

Page Nos.6/8

Endorsement in C.M.P.No.20179 of 2022:

4. In the light of the narrative thus far, captioned A.S.No.392 of 2021 and CMP No.20179 of 2022 are disposed of as closed / withdrawn having been settled out of Court. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 12.02.2024 Index : Yes / No Speaking / Non-speaking mk Page Nos.7/8

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk To The Additional District Judge, Additional District Court, Tiruvannamalai.

12.02.2024 Page Nos.8/8