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Madras High CourtSA(MD)/1127/2009withdrawn dismissed

Elizabeth Sarojini Edward v. Pushpalatha Gladston

2020-09-22Honourable Mrs Justice J. Nisha Banu2 pages

S.A.(MD)No.1127 of 2009 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU S.A.(MD)No.1127 of 2009 and M.P.(MD).No.1 of 2009 1.Elizabeth Sarojini Edward(Died) 2.Rejidha Nesakumari Edward ...Appellants/Respondents/ Defendants 1 & 2 Vs.

Pushpalatha Gladston

...Respondent/Appellant/

Plaintiff PRAYER :

Second Appeal filed under Section 100 of C.P.C., to set aside the Decree and Judgment made in A.S.No.63 of 2008 on the file of II Additional Subordinate Judge, Nagercoil dated 22.10.2009 reversing the decree and Judgment in O.S.No.57 of 2004, on the file of Principal District Munsift, Nagercoil dated 08.03.2008.

For Appellants :Mr.R.Sundar For Respondent :Mr.C.Sankar Prakash

JUDGMENT

When the Second Appeal is taken up for hearing today, the learned counsel for the appellants seeks permission of this Court to withdraw the Second Appeal. The learned counsel for the appellants has filed a memo dated 26.08.2020 stating that the first appellant namely Elizabeth Sarojini Edward died. He has also filed another memo dated 21.08.2020 enclosing the letter of the second appellant, to the effect that since the matter resolved out of Court, the second appellant may be permitted to withdraw the Second Appeal.

3. The memos so filed by the learned counsel for the appellants are hereby recorded. Permission is granted to withdraw the Second Appeal. This Second appeal is accordingly dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.1127 of 2009 and vrn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The II Additional Subordinate Judge, Nagercoil.

2. The Principal District Munsift, Nagercoil.

Copy to The Section Officer/Record Keeper-2 copies V.R. Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)No.1127 of 2009 and M.P.(MD).No.1 of 2009 22.09.2020 SCR(CO) KM (13.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2