Mageshkumar v. S. Vishwanathan Reddiar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.A.Nos.272 and 278 of 2023 and C.M.P.Nos.8627 & 8631 of 2023 [S.A.No.272 of 2023] M.Mageshkumar ... Appellant Vs.

1.S.Vishwanathan Reddiar (Died) 2.V.Sakthi 3.V.Rani 4.Shivakumar 5.V.Anuradha ... Respondents [Respondents 3 to 5 brought on record as LRs of the deceased 1st respondent vide order of Court dated 24.04.2019 made in C.M.P.No.1582 to 1584/2018 in S.A.S.R.No.62574 of 2018] 1/6

[S.A.No.278 of 2023] M.Mageshkumar ... Appellant Vs.

1. Anuradha 2.S.Vishwanathan Reddiar (Died) 3.V.Sakthi 4.Shivakumar 5.G.Ramalingam 6.V.Rani ... Respondents [Respondent 6 brought on record as LRs of the deceased 2nd respondent vide order of Court dated 24.04.2019 made in C.M.P.No.1582 to 1584/2018 in S.A.S.R.No.62579 of 2016] Prayer in S.A.No.272 of 2023:- Appeal is filed under Section 100 of C.P.C against the judgement and decree dated 16.04.2015 in A.S.No.10 of 2011 on the file of the Principal District Judge, Dharmapuri modifying the judgement and decree dated 13.07.2011 in O.S.No.21 of 2008 on the file of the Subordinate Judge, Harur.

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For Appellant : M/s.S.Meenakshi [in both appeals] For Respondents : M/s.A.Shanmugapriya [R.2] Mr.S. Doraiswamy [R.3 & R.4] : Not ready in notice [R.5] : Died [R.1] Prayer in S.A.No.278 of 2023:- Appeal is filed under Section 100 of C.P.C against the judgement and decree dated 16.04.2015 in A.S.No.11 of 2011 on the file of the Principal District Judge, Dharmapuri modifying the judgement and decree dated 13.07.2011 in O.S.No.47 of 2008 on the file of the Subordinate Judge, Harur.

For Appellant : M/s.S.Meenakshi For Respondents : M/s.A.Shanmugapriya [R.3] : Mr.S. Doraiswamy [R.4 & R.6] : M/s.C.Munusamy [R.5] : Not ready in notice [R.1] : Died [R.2] 3/6

COMMON JUDGEMENT A letter dated 11.12.2023 has been submitted by the learned counsel for the appellant stating that the matter has been settled out of Court and they have instructions to withdraw the the above Second Appeals. Based on the letter dated 11.12.2023, today the matter is listed before this Court under the caption "for withdrawal". The learned counsel for the appellant has also made an endorsement to withdraw the above Second Appeals.

2. In view of the above, the above Second Appeals are dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petitions are closed.

18.12.2023 Index : Yes/No Speaking order/non-speaking order shr 4/6

To

1. The Principal District Judge, Dharmapuri

2. The Subordinate Judge, Harur.

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P.T.ASHA, J., shr S.A.Nos.272 and 278 of 2023 and C.M.P.Nos.8627 & 8631 of 2023 18.12.2023 6/6