Madras High CourtSA(MD)/15/2020withdrawn dismissed

Subbiah (Late) v. Ramakrishnan

2020-01-22Honourable Mr Justice R. Subramanian2 pages

S.A.(MD).No.15 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN S.A.(MD).No.15 of 2020 and C.M.P(MD)No.198 of 2020 1.Subbaiah (Late) 2.Krishnasamy (Late) 3.Thangasamy (Late) 4.Kaliammal 5.Karuppaiah 6.Kanagavalli ... Appellants /Appellants/Plaintiffs Vs.

1.Ramakrishnan 2.Manoharan 3.Pushbam 4.Kannagi 5.Pokkar 6.Megavaram ... Respondents/Respondents/Defendants (D3 to D6 are added Lrs of deceased P2 as per order in I.A.No.41/05 dated 27.07.2005 and the appeal amended as per order in in I.A.No.127 of 2005 dated 19.04.2006) 7.Muthurakku 8.Velusamy 9.Angusamy(Late) 10.Shanmugavelu 11.Krishnamoorthy 12.Pathmavathy 13.Rukkumani 14.Boominathan 15.Makendran 16.Raja 17.Nathiya ... Respondents/Respondents/Defendants (D7 to D12 are added Lrs of deceased P2 as per order in I.A.No.67/07 dated 30.09.2008. D13 to D17 are added Lrs of deceased D9 as per order in I.A.No.181 of 2008 dated 09.09.2008.

Amended as per order in I.A.No.188 of 2008, dated 14.10.2008) (Cause title accepted vide order dated 13.10.11 made in MP(MD)No.1/2011 in SA.SR.No.47213/2011) https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD).No.15 of 2020 PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, as against the judgment and decree passed in A.S.No.58 of 2004 on the file of the Sub Court, Paramakudi dated 1.9.2009 in confirming the judgment and Decree passed in O.S.No.139 of 1997 on the file of the District Munsif, Paramakudi dated 09.10.2000. For Appellants : Mr.S.M.Mohan Gandhi For R1 & R2 : Mr.V.Ilanchezian

JUDGMENT

The learned counsel appearing for the appellants seek to withdraw the suit and he has made the following endorsement: "I may be permitted to withdraw the suit in O.S.No.139 of 1997, on the file of of the District Munsif, Paramakudi with a liberty to approach Revenue Authorities."

2. In view of the endorsement, the suit in O.S.No.139 of 1997, on the file of the District Munsif, Paramakudi is dismissed as withdrawn. Any finding in these proceedings will not affect the rights of the appellants to move the Revenue Authorities regarding the classification of the land.

3. In view of the withdrawal of the suit, the second appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) am To

1. The Sub Judge, Paramakudi.

2. The District Munsif, Paramakudi.

3. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to Mr.S.M.MOHAN GANDHI, Advocate (SR-2489[F] dated 22/01/2020 ) +1 CC to Mr.V.ILLANCHEZIAN, Advocate ( SR-2477[F] dated 22/01/2020 ) S.A.(MD).No.15 of 2020 22.01.2020 MK (07.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2