Faritha v. Sirajudeen

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Faritha ... Appellant / Petitioner /Vs./ Sirajudeen ... Respondent / Respondent P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the Judgment and Decree made in A.S.No.46 of 2006 on the file of Additional District and Sessions Judge (Fast Track Court), Ramanathapuram dated 27.04.2009, reversing the judgment and decree made in O.S.No.212 of 1997 on the file of the District Munsif Court, Ramanathapuram dated 03.07.2006 and to dismiss the said suit with costs throughout.

For Appellant : Mr.Mohamed Ibram Saibu for M/s.Ajmal Associates For Respondent : Mr.J.M.Hassanul Bazari 1/4

JUDGMENT

In view of the order passed in C.M.P.(MD)No.2909 of 2023, this Second Appeal is dismissed as withdrawn.

2. It is made clear that no prejudice would be caused to the respondent, if the original documents, which were marked as Exs.A1 to A12 in O.S.No.212 of 1997 on the file of District Munsif Court, Ramanathapuram are returned to the appellant / plaintiff, since the appellant / plaintiff has withdrawn the Second Appeal. No costs.

3. Registry is directed to return the original documents, which were marked as Exs.A1 to A12 to the appellant / plaintiff. 13.03.2023 Index : Yes / No (2/2) NCC : Yes / No Sm Note: Issue Judgment Copy on 13.03.2023.

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TO:

1.The District Munsif Court, Ramanathapuram.

2.The Additional District and Sessions Judge (Fast Track Court), Ramanathapuram.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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ABDUL QUDDHOSE, J.

sm Judgment made in (2/2) Dated:

13.03.2023 4/4