Madras High CourtSA(MD)/156/2007withdrawn dismissed

Selvaraj @ Thankaraj v. Selvaraj

2023-02-28Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)No.156 of 2007 and C.M.P(MD)No.2 of 2007 Selvaraj @ Thankaraj ...Appellant -Vs1.Selvaraj 2.Chellasamy 3.Sundari 4.Rosammal 5.Yesudhas 6.Francis 7.Rethinamani 8.Sundari 9.Lekshmi 10.Remathi 11.Parvathi 12.Kamalachi 13.Therammal 14.Chellammal 1/4

15.Sreemathi ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.8 of 2004, dated 21.06.2005 on the file of the learned Subordinate Judge at Padmanabhapuram, reversing the decree and judgment passed in O.S.No.301 of 2001 dated 02.12.2003 on the file of Principal District Munsif Judge at Padmanabhapuram.

For Appellant : Mr.K.Vamanan For Respondents : No appearance

JUDGMENT

The learned counsel appearing for the appellant circulated a letter dated 27.02.2023 stating that the dispute in the second appeal had been amicably settled between the parties and the respondents 1 to 3 had handed over the possession of suit 'C' schedule property to the appellant. He also requested the Court to grant leave to withdraw the second appeal.

2/4

2.Leave is granted and the Second Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

3. Registry is directed to send the original records to the Court below immediately.

28.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To

1. The Subordinate Judge, Padmanabhapuram.

2. The Principal District Munsif Judge, Padmanabhapuram. 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

S.SOUNTHAR , J.

CP S.A(MD)No.156 of 2007 and C.M.P(MD)No.2 of 2007 28.02.2023 4/4