Madras High CourtSA(MD)/907/2009withdrawn dismissed

M.Soliyappan @ Solaiappan v. N.Jeyaraman

2022-04-26Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.2,3 & 4 of 2009 1.M.Soliyappan @ Solaiappan 2.Arukkani ... Appellants / Respondents 1 & 2 / Defendants 2 & 3 -Vs1.M.Jeyaraman 2.Sarasu 3.Devendran 4.Raman 5.Moorthy 6.Santhosh 7.Indirani 8.Selvalakshmi 9.Suseela 10.Venkatesh ... Respondents / Appellants / Plaintiffs 2 to 11 11.Murugesan 12.Seerangayi 13.Vellaiammal 14.Pappathi @ Rajalakshmi 15.Selvaraj 16.Indira 17.Pappal 18.Rajammal 1/3

19.Soundaram 20.Manonmani 21.Pappa @ Muthammal 22.Ramayee 23.Thangamuthu 24.Murugesan 25.Pappa 26.Soliammal 27.Perumal 28.Ammavasai 29.Thirumayee 30.Kannammal 31.Soliyappan @ Rajendran 32.Natesan 33.Pavayee 34.Vellaiammal ... Respondents / Respondents 3 to 26 / Defendants 4 to 27 PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and decree dated 31.10.2008 in A.S.No.12 of 2007 on the file of the Sub Court, Karur reversing the judgment and decree dated 11.08.2006 in O.S.No.67 of 2000 on the file of the Principal District Munsif Court, Karur.

For Appellants : Mr.V.Balaji For R1 to R10 : Mr.R.Devaraj For R12, R16, R17, R21 to R26, R28, R31 & R33 : no appearance For R29 : Mrs.J.Maria Roselin ( R13, R32 & R34 - died, R18 to R20-no such address, R27 -refused, R14, R15 & R30-left, R11-Insufficient address) 2/3

JUDGMENT

This second appeal was filed by M.Soliyappan @ Solaiappan and Arukkani. Soliappan had passed away. His wife is already on record as the second appellant.

2. The learned counsel appearing for the appellants has enclosed a letter written by two sons and daughter of Solaiappan that they did not intend to pursue the second appeal.

3. Based on the memo dated 12.03.2022 filed by the learned counsel appearing for the appellants and based on the aforesaid consent letter, this second appeal is dismissed as withdrawn. No cost. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi To 1.The Sub Court, Karur.

2.The Principal District Munsif Court, Karur. Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.(2 copies) +3 CC to M/s.R. DEVARAJ, Advocate ( SR-21316[F] dated 26/04/2022 ) +3 CC to M/s.R. DEVARAJ, Advocate ( SR-21412[F] dated 26/04/2022 ) +1 CC to M/s.V. BALAJI, Advocate ( SR-21432[F] dated 26/04/2022 ) Judgment made in ks(CO) TR(29.04.2022) 3P 12C 3/3