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Madras High CourtAS/175/2017withdrawn dismissed

N.Nagaraj v. K.S.Jagannathan (Died)

2023-06-26Honourable Mrs Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI A.S. Nos.175 & 176 of 2017 and C.M.P.Nos.7851, 10081, 10698, 9653 & 10696 of 2022 Nagaraj ... Appellant in both A.S.s Vs K.S.Jagannathan (died)

2. D.G.Sidhan

3. Raji

4. Mani

5. Narayanan Parasuraman (died)

7. Lakshmi

8. K.J.Sumathi

9. S.J.Viswanathan

10. Nithyasree (R8 to R10 brought on record as legal representatives of deceased 1st respondent vide order dated 22.04.2022 in C.M.P.No.7178 of 2022 in A.S.No. 175 of 2017) .. Respondents in A.S.No.175 of 2017 1\6

1. Vardammal 2.The District Revenue Officer, Collectorate Post, Dharmapuri-5.

3. The Superintending Engineer, Tamil Nadu Electricity Board, Collectorate, Dharmapuri Tk., Dharmapuri-5.

4. The Assistant Engineer, Tamil Nadu Electricity Board, Lakkiampatti Post, Dharmapuri-5.

5. The Assistant Executive Engineer, Tamil Nadu Electricity Board, Adhiyamankottai, Dharmapuri Tk. And Dt.

6. The District Collector, Dharmapuri.

K.S.Jagannathan (died)

8. K.J.Sumathi

9. S.J.Viswanathan

10. Nithyasree (R8 to R10 brought on record as legal representatives of deceased 1st respondent vide order dated 22.04.2022 in C.M.P.No.7178 of 2022 in A.S.No. 175 of 2017) .. Respondents in A.S.No.176 of 2017 2\6

Prayer in A.S.No.175 of 2017 :- This First Appeal has been filed under Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and decree dated 23.11.2016 made in O.S.No.71 of 2010, on the file of learned Addl. District Judge, Dharmapuri.

Prayer in A.S.No.176 of 2017 :- This First Appeal has been filed under Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and decree dated 23.11.2016 made in O.S.No.12 of 2015, on the file of learned Addl. District Judge, Dharmapuri.

For Appellant in both A.S.s : Mr.G.Ethirajulu For Respondents in A.S.No.175 of 2017 : R1 & R6 - died R2 to R5 - no appearance Mr. A. Ilayaperumal for R8 to R10 For Respondents in A.S.No.176 of 2017 : R1 & R7 - died Ms. Hemalatha Gajapathy Standing Counsel for R3 to R5 Mr.D.Shivakumaran for R7 Mr.T.Chandrasekaran Special Govt. Pleader for R2 & R6 COMMON JUDGEMENT 3\6

The learned counsel appearing for the Appellant appeared and submitted that as per the instructions of appellant, he seeks permission of this Court to post the above Appeal Suits for withdrawal on 26.06.2023.

2. Today, when the matters taken up for hearing, the learned counsel for appellant appeared and submited that the dispute between the parties settled out of court. Therefore, the appellant may be permitted to withdraw the appeals and an endorsement has also been made to that effect.

3. In view of the submissions of learned counsel for appellant stating that the matter is settled out of court, the Appeal Suits are dismissed as withdrawn, No costs. So far as the petition in C.M.P.No. 7851 of 2022 is concerned, considering the submissions made by learned counsel for appellant, the Registry is directed to return the original documents viz., (1) The original Sale deed dated 08.07.2008 in Ex.A15 and

(2) The original Sale deed dated 17.12.1980 in Ex.A16 and substitute the certified copy of the same and also directed to refund the entire court fee, since the matter is settled out of court. Consequently, other connected Civil Miscellaneous Petitions are closed.

4\6

26.06.2023 Index:Yes/No Internet:Yes/no Speaking Order/Non Speaking Order rpp To Addl. District Court, Dharmapuri.

T.V. THAMILSELVI, J.

rpp 5\6

A.S. Nos.175 & 176 of 2017 and C.M.P.Nos.7851, 10081, 10698, 9653 & 10696 of 2022 26.06.2023 6\6