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Madras High CourtAS/840/2019withdrawn dismissed

Mallika Dharmaraj v. Smt.Lakshmi

2025-06-27Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Appeal Suit No.840 OF 2019 Mallika Dharmaraj ... Appellant / 6th Defendant Vs.

1. Smt. Lakshmi ... First Respondent / Plaintiff Marappa Gounder (Died)

2. Mylathal

3. Nachimuthu

4. V.S.Anandan

5. K.Subramaniam

6. R.Arunkumar

7. S.Viswanathan

8. Karuppathal (8th respondent impleaded vide order in I.A.No.14/2011 dated 18.08.2012)

9. A.K.Ramasamy (9th respondent impleaded vide order in I.A.No.1095/2014 dated 16.12.2014) ... Respondents 2 to 9 / Defendants 2 to 5, 7 to 10 PRAYER : This Appeal Suit filed under Section 96 of the Civil Procedure Code 1908, read with Order 41 Rule 1 of CPC, praying to set aside the Judgment and Decree dated April 26, 2016 made in O.S.No.50 of 2011, on the file of I Additional District and Sessions Court, Tiruppur. Page No.1 of 4

For Appellant :

M/s. D.Chitra Maragatham For R1 :

Mr.P.M.Duraiswamy For R2, 6, 8 & 9 : Mr.P.Sankarappan For R7 : Mr.S.Sarath Chandran For R3 to R5 : No appearance

J U D G M E N T

This matter is listed today under the caption 'for withdrawal'.

2. The learned counsel for the appellant seeks permission of this Court to withdraw this appeal suit and she has filed a memo dated June 27, 2025 and also made an endorsement to that effect.

3. In view of the memo and endorsement made by the learned counsel for the appellant, the appeal suit is dismissed as withdrawn.

4. Registry is directed to refund the Court fee to the appellant in the light of the judgment of the Hon'ble Supreme Court in HIGH COURT OF JUDICATURE AT MADRAS REP. BY ITS REGISTRAR GENERAL VS. M.C.SUBRAMANIAM AND OTHERS (2021) 3 SCC 560. 27.06.2025 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No av Page No.2 of 4

To The I Additional District and Sessions Court, Tiruppur.

Page No.3 of 4

R.SAKTHIVEL, J.

av Appeal Suit No.840 OF 2019 Appeal Suit No.840 OF 2019Appeal Suit No.840 OF 2019 2021CMA NOS.423 AND 828 OF 2021 CMA NOS.423 AND 828 OF 2021 27.06.2025 Page No.4 of 4