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Madras High CourtSA(MD)/81/2013withdrawn dismissed

Valarmathi, v. Meenakshi,

2022-04-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD) No.81 of 2013 and M.P.(MD) No.1 of 2013 1.Valarmathi 2.R.Selvarani .. Appellants/Appellants/ Plaintiffs -vs1.Meenakshi 2.Senthilkumar (Died) .. Respondents/Respondents/ Defendants 3.K.Ramasamy [R3 - Suo motu impleaded vide Court order dated 20.09.2021 made in S.A.(MD) No.81 of 2013] 4.Sumathi 5.S.Hariprasath 6.Minor S.Sai Prasath ..Respondents [R6 - Minor is represented by his mother/natural guardian Sumathi, 4th respondent] [RR4 to 6 - Brought on record as LRs of deceased 2nd respondent vide Court order dated 20.09.2021 made in C.M.P.(MD) No.6237 of 2021 in S.A.(MD) No.81 of 2013] Prayer :- Second Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 16.04.2012 in A.S.No.14 of 2011 on the file of the Court of the District Judge, Karur confirming the judgment and decree dated 18.04.2011 in O.S.No.194 of 2009 on the file of the Court of the Additional Subordinate Judge, Karur.

For Appellants :

Mr.T.C.S.Thillainayagam For R1 :

No appearance Respondent-2 :

Died For R3 :

Mr.P.Venkatesan For RR4 & 5 :

Mr.S.Gokulraj Respondent-6 :

Minor - Represented by R4 1/3

JUDGMENT

This Second Appeal has been listed today under the caption 'for withdrawal' on the basis of the letter dated 28.03.2022 given by the learned counsel for the appellants before the Registry. 2.Today, the learned counsel for the appellants seeks permission of this Court to withdraw the second appeal and has also made an endorsement to that effect.

3.Recording the letter dated 28.03.2022 and the endorsement made, this Second Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) 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.

abr To 1.The District Judge, Karur.

2.The Additional Subordinate Judge, Karur.

Copy to The Section Officer, V.R.Section , Madurai Bench of Madras High Court, Madurai +1 CC to M/s.S. GOKULRAJ, Advocate ( SR-17397[F] dated 08/04/2022 ) 2/3

+2 CC to M/s.T.C.S. THILLAINAYAGAM, Advocate ( SR-17449[F] dated 08/04/2022 ) S.A.(MD) No.81 of 2013 08.04.2022 SG(CO) KB(25.04.2022) 3P 8C 3/3