T.Ganesan v. Perumal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI S.A. No.75 of 2024 and C.M.P.Nos.2001, 17338 & 17360 of 2024 T.Ganesan ... Appellant

Versus

1. Perumal

2. Palaniammal ... Respondents Prayer:- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 29.07.2022 made in A.S.No.02 of 2016, on the file of Subordinate Court, Attur reversing the judgment and decree dated 22.12.2015 made in O.S.No.439 of 2005 on the file of District Munsif Court, Attur.

For Appellant : Mr.R.Prabakar For Respondents : Ms. Zeenath Begam 1/3

JUDGEMENT Today, when the matter taken up for hearing, the learned counsel for Appellant appeared and submitted that as per the observation made by the first appellate court in A.S.No.2 of 2016, now the appellant preferred a comprehensive suit in O.S.No.461 of 2023 before the Sub-Court Attur. Hence, he seeks permission of this Court to withdraw the above Second Appeal.

2. Recording the submissions made by learned counsel for appellant, this Second Appeal stands dismissed as withdrawn. Accordingly, the Civil Miscellaneous Petition in C.M.P.No.17360 of 2024 filed by the respondents seeking to dismiss the above Second Appeal became infructuous. Therefore, the Civil Miscellaneous Petition in C.M.P.No. 17360 of 2024 is dismissed as infructuous and other connected petitions in C.M.P.No.2001 and 17338 of 2024 are closed. No costs.

20.09.2024 rpp To Subordinate Judge, Attur.

2/3

T.V.THAMILSELVI, J.

rpp 20.09.2024 3/3