Tamilarasi v. Devaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.7223 of 2021 Tamilarasi ... Appellant Vs.

1.

Devaraj 2.

Rajendran 3.

Thaiyalnayaki ... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C. to set aside the judgment and decree dated 15.07.2020 in A.S.No.30 of 2015 passed by the learned First Additional Sub Court, Cuddalore, reversing the judgment and decree dated 29.06.2015 in O.S.No.638 of 2007 passed by the learned Additional District Munsif, Cuddalore. For appellants : Mrs. Hema Sampath, senior counsel for Mrs.R.Meenal For respondents For R1 and R2 : Mr.A.K.Sriram, senior counsel for Mr.V.Balamurugan For R3 : No appearance 1/4

JUDGMENT

The learned counsel appearing for the appellant has made an endorsement seeking permission of this Court to withdraw this Second Appeal with liberty to file a fresh suit for the very same cause of action. The learned counsel appearing for the respondents has no objections for the same.

2. In view of the submission and endorsement made by the learned counsel for the appellants, this Second Appeal stands dismissed as withdrawn giving liberty to the appellant to file a fresh suit for the very same cause of action. Consequently, connected C.M.P is closed. No costs.

02.02.2024 Index : Yes/No Speaking order/non-speaking order ssa 2/4

To

1. The Additional Subordinate Judge, Cuddalore. 2.The Additional District Munsif, Cuddalore.

3.The Section Officer, V.R.Section, High Court, Madras. 3/4

P.T.ASHA, J., ssa 02.02.2024 4/4