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Madras High CourtSA(MD)/373/2013withdrawn dismissed

Subbarayan(Died) v. Ganesan,

2020-12-16Honourable Mr Justice M. Govindaraj4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.12.2020

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ and M.P.(MD)Nos.2 and 3 of 2013 S.A.(MD)No.373 of 2013:

Subbarayan (died) 1.Ramayee Ammal 2.Thilagamani : Appellants vs.

1.Ganesan 2.Ramasamy 3.Manoharan : Respondents decree dated 23.02.2012 made in A.S.No.6 of 2010 on the file of the District Court at Karur, reversing the judgment and decree of the Sub Court at Karur, in O.S.No.253 of 1998, dated 27.07.2005 and set aside the same.

For Respondent No.1: Mr.D.Nallathambi S.A.(MD)No.374 of 2013:

Subbarayan (died) 1.Thilagamani 2.Ramayee : Appellants vs.

1.Ganesan 2.Saraswathi 3.Suseela 4.Muthusamy Goundar 5.Kaliappan 6.K.C.Subbaiyan 7.Muhammed Hussain 8.Palaniammal 1/4

9.Rukkmani 10.Leelavathi 11.Dhanalakshmi 12.E.I.D.Parry India Ltd., Pugalur, Pugalur SF Post, Karur Taluk.

13.The Lakshmi Vilas Bank Ltd., Vengamedu Extension at Pugalur, Pugalur SF Post, Karur Taluk.

: Respondents decree dated 23.02.2012 made in A.S.No.36 of 2010 on the file of the District Court, Karur, as confirmed by the judgment and decree of the Sub Court, Karur, in O.S.No.118 of 1997, dated 27.07.2005 and set aside the same.

For Respondent No.1 : Mr.D.Nallathambi For Respondent No.12 : Mr.R.Devaraj For Respondent No.13 : Mr.C.Jawahar Ravindran S.A.(MD)No.375 of 2013:

Subbarayan (died) 1.Thilagamani 2.Ramayee : Appellants vs.

1.Ganesan 2.Saraswathi 3.Suseela 4.Muthusamy Goundar 5.Kaliappan 6.K.C.Subbaiyan 7.Muhammed Hussain 8.Palaniammal 9.Rukkmani 10.Leelavathi 11.Dhanalakshmi 12.E.I.D.Parry India Ltd., Pugalur, Pugalur SF Post, Karur Taluk.

13.The Lakshmi Vilas Bank Ltd., Vengamedu Extension at Pugalur, Pugalur SF Post, Karur Taluk.

` : Respondents 2/4

decree dated 23.02.2012 made in A.S.No.5 of 2011 on the file of the District Court at Karur, as confirmed by the judgment and decree of the Sub Court at Karur, in O.S.No.118 of 1997, dated 27.07.2005 and set aside the same.

For Respondent No.1 : Mr.D.Nallathambi For Respondent No.12 : Mr.R.Devaraj For Respondent No.13 : Mr.C.Jawahar Ravindran COMMON JUDGMENT The learned counsel appearing for the appellants seeks permission of this Court to withdraw the present Second Appeals and he has also circulated a letter dated 11.12.2020 to the Registry to list the appeals 'for withdrawal'. Permission is granted. Recording the submission and also the letter dated 11.12.2020, the Second Appeals are dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) SML 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 District Judge, Karur District, Karur.

2.The Subordinate Judge, Karur, Karur District.

3/4

3.The Section Officer-2 copies Vernacular Records, Madurai Bench of Madras High Court, Madurai.

+3 CC to Mr.V.PERUMAL, Advocate ( SR-25667[F] dated 16/12/2020 ) +1 CC to Mr.D.NALLATHAMBI, Advocate ( SR-25800[F] dated 16/12/2020 ) +1 CC to Mr.R.DEVARAJ, Advocate ( SR-25879[F] dated 17/12/2020 ) Common Judgment made in Dated:

16.12.2020 KM (31.12.2020) 4P 10C 4/4